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Minister of Small Business, Export Promotion and International Trade appearance before the Standing Committee on International Trade (CIIT) – Briefing material

2020-11-03

Table of contents

A) Issue Briefs

World Trade Organization Reform

Supplementary messages

WTO DG process [REDACTED]:

Update

As a country that is highly dependent on international trade and a strong proponent of the multilateral trading system and the WTO, Canada is exercising global leadership on WTO reform. This includes ongoing leadership of the Ottawa Group – a group of 13 likeminded WTO members created in 2018 with the objective of supporting WTO reform efforts. The Group has been an effective sounding board on WTO reform issues and has positioned Canada to play a leading role in advocating for strengthening of the rules-based trading system. Since the inaugural meeting in October 2018, Ottawa Group Ministers and Vice Ministers have met 5 times each. Ministers most recently met on June 15, during which they endorsed a COVID-19 Joint Statement committing members to a six-point workplan with concrete action items related to transparency of COVID-19 trade measures; ensuring stable and predictable trade in agriculture; intensifying WTO e-commerce negotiations; examining how technology can help facilitate cross-border trade; exploring an initiative to liberalize trade in medical supplies; and increasing engagement with stakeholders.

Further, Canada is actively engaged in work to preserve the WTO dispute settlement system – which is key to Canadian interests – in the face of the United States blocking appointments to the Appellate Body, which has rendered the appeal mechanism for WTO dispute resolution inoperable since December 2019. On July 31, 2020, Canada and a group of WTO Members established a Multi-Party Interim Appeal-Arbitration Arrangement (MPIA) to hear disputes between its 24 participants.

Canada is also committed to concluding fisheries subsidies negotiations by December 2020. Work in areas such as services domestic regulation; e-commerce; Micro, Small and Medium-sized enterprises (MSMEs); and investment facilitation is also advancing. Some outcomes may be possible by the 12th WTO Ministerial Conference (date TBC).

On Wednesday October 28, Chair of the WTO General Council, Ambassador Walker, reported to the membership that WTO DG candidate Dr. Ngozi Okonjo-Iweala (Nigeria) is the candidate most likely to attract consensus, carrying large support by Members, including from all levels of development and from all geographic regions. He therefore recommended her appointment by the General Council as the next WTO DG for consideration at the special General Council meeting to be held on November 9, 2020. The United States intervened to deliver a strong statement of support for the other candidate that had progressed to the final round – Korean candidate Minister Yoo – firmly indicating it could not join consensus to appoint Dr. Okonjo-Iweala, [REDACTED]. The Korean candidate (Minister Yoo) has not withdrawn from the race. On November 9, there will be an emergency General Council meeting for the appointment of Nigeria’s candidate as Director General of the WTO. Given current dynamics, it is anticipated that the outcome of the November 9 meeting will be an impasse and a delay of the nomination of the future WTO Director General.

Supporting facts and figures

Export Controls - General

Supplementary messages

Update

On April 9, 2020 the Minister of Foreign Affairs announced the creation of an arms- length advisory panel of experts who will review best practices regarding arms exports by State Parties to the ATT to ensure that Canada’s system is as robust as possible.

Work on establishing the panel is on-going.

Further to the same announcement, Canada is also involved in multilateral discussions to strengthen international compliance with the ATT and working toward the establishment of an international inspection regime.

Supporting facts and figures

Background

The principal objective of export controls is to ensure that controlled items are exported in a manner that is consistent with Canada’s foreign, defence and national security policies. These controls are not meant to unnecessarily hinder international trade, but to regulate and impose certain restrictions on exports in response to clear policy objectives.

Most strategic items are controlled for export further to Canada’s commitments to partner countries in the four main multilateral export control regimes: The Wassenaar Arrangement (military and dual-use items), The Nuclear Suppliers Group, The Missile Technology Control Regime, and The Australia Group (chemical and biological items).

Former Bill C-47, which came into force on September 1, 2019, amended the Export and Import Permits Act to create a requirement to assess exports of military items against the ATT criteria and to establish brokering controls, among other legislative amendments aimed at strengthening Canada’s export controls.

In 2017, the Government of Canada invested $13 million CAD over five years to allow Canada to implement the ATT’s obligations and to further strengthen the rigour and transparency of its export control regime.

Canada Commercial Consular Service

Supplementary messages

Background

With COVID-19, demand for problem-solving support has increased by 47% between April and August 2020 compared with the same period in 2019.

During that period, support provided by the TCS centered around business travel restrictions, shipping delays, and inspection assistance.

Digital trade, including intellectual property, has taken on more importance since the beginning of the pandemic, and business may look for additional support in that regard.

A number of new and enhanced TCS services are currently in development that will further help Canadian business address or prevent the challenges they face.

Export Diversification Strategy

Supplementary messages

Update

The impacts of COVID-19 on Canada’s international trade are still evolving, and Canadian businesses are likely to experience continued unpredictability and unforeseen disruptions in international markets. As Canada’s trading partners each grapple with their own COVID-19 response, many Canadian exporters – and small to medium-size enterprises (SMEs) in particular – will require up-to-date market intelligence and advice to respond to challenges in existing or prospective export destinations. Taking advantage of opportunities through export diversification is key in not only helping Canadian companies increase their resiliency during times of uncertainty, but also in achieving future growth.

Supporting facts and figures

Background

In the 2018 Fall Economic Statement, the Government announced the Export Diversification Strategy with a $1.1 billion investment over six years that includes a $289.5 million investment in Global Affairs Canada’s Trade Commissioner Service to help Canadian businesses access new markets.

Through the Export Diversification Strategy, Canada helps companies respond to new challenges they face abroad; find and develop opportunities in new markets, and secure existing ones, for high quality Canadian goods, services and technologies; assist exporters in going digital while supporting existing digital and e-commerce exporters; and mobilize a broader and more inclusive range of Canadian businesses to participate in international trade and the prosperity it generates.

Trade Commissioner Service – COVID-19 Response

Supplementary messages

Supporting facts and figures

Trade Commissioner Service – Engagement with Provinces and Territories

Supplementary messages

Update

Officials are working to enhance Federal and Provincial collaboration following the Federal-Provincial-Territorial (FPT) virtual roundtable of Ministers responsible for international trade hosted by Minister Ng on October 13, 2020. Additional FPT collaboration with the TCS includes the annual FPT meeting on Foreign Direct Investment which was held virtually on October 21, 2020, and co-hosted by Global Affairs Canada and British Columbia. Other meetings include the FPT Committee on Trade Policy (C-Trade), which took place on October 21-23, 2020; and the FPT CUSMA consultations committee, which occurred on October 27, 2020.

Supporting facts and figures

Background

Federal, Provincial and Territorial (FPT) Collaboration in the International Context

Investment in Canada

Supplementary messages

Update

COVID-19 halted the steady growth of FDI into Canada, and globally. However, interactions with existing and potential investors confirm that Canada continues to be a premier investment destination. The TCS and IIC have pivoted their service delivery methods to reach foreign investors by moving to virtual events where possible, organizing sector-specific webinars, organizing virtual meetings or site visits with investors, and working with partners to identify new ideas on how to promote Canada.

Supporting facts and figures

Background

Global Affairs Canada and IIC share the mandate to increase FDI into Canada and work closely together to exchange information, support investors and coordinate with other partners to attract FDI. The TCS manages a network of 44 investment officers abroad, which identifies and advances FDI opportunities in key markets and sectors and is often the first point of contact for potential investors.

Export Development Canada (EDC) Current Issues

Supplementary messages

Update

The Canada Emergency Business Account (CEBA) has delivered over $31 billion in emergency credit to over 774,000 Canadian businesses since April 2020. The Government recently announced an extension of the program to businesses using personal bank accounts as well as an expansion to the level of credit available to individual businesses from $40,000 to $60,000, of which $20,000 is forgivable upon timely repayment. CEBA will continue to ensure Canadian businesses receive the support they need to endure the pandemic and be well positioned for a dynamic recovery.

Supporting facts and figures

Background

EDC is Canada's export credit agency with a mandate to support and develop, directly or indirectly, Canada's export trade. In 2019, EDC facilitated over $102 billion in Canadian business exports through serving over 9,000 financial clients. The Crown corporation has both domestic and international operations, with 22 regional offices across Canada and 21 international representations in key markets. The day-to-day operations of EDC are at arm's length from the Government.

At the beginning of March 2020, you, with the concurrence of the Minister of Finance, provided EDC with increased capitalization and expanded domestic authorities to help support Canadian businesses endure the economic impacts of COVID-19 and increased the limit on Canada Account to ensure fiscal capacity for CEBA. This support has provided EDC with the ability to implement the BCAP program, temporarily broaden its risk profile, and administer the CEBA program on behalf of Government.

This expanded capacity is actively working to supporting Canadian businesses impacted by COVID-19.

EDC is working with officials from Global Affairs Canada, Finance Canada, Innovation, Science and Economic Development, and the Privy Council Office, in coordination with the Business Development Bank of Canada (BDC) and Canadian financial institutions, to ensure that Canadian businesses impacted by COVID-19 continue to receive the support they need across the economic spectrum.

Canadian Commercial Corporation (CCC) Current Issues

Supplementary messages

Background

On July 8, 2020, the Auditor General of Canada (OAG) tabled in Parliament the 2020 Spring Reports of the Auditor General of Canada to the Parliament of Canada, which included the Auditor General of Canada to the Board of Directors of the Canadian Commercial Corporation—Special Examination—2019. The OAG “found that the Corporation had well-managed systems and practices for both corporate management and operations, and noted areas that could be improved”, including that “the Corporation’s due diligence processes for transactions did not adequately consider human rights issues.”

The Minister of International Trade Diversification wrote to CCC on September 24, 2018, asking the Corporation to review its risk assessments and due diligence to ensure that Canada’s international human rights obligations were reflected in its corporate social responsibility objectives and procedures by the end of June 2019.

CCC has implemented an enhanced Responsible Business Conduct Framework informed by consultations with civil society stakeholders, as well as an Updated Code of Conduct and Business Ethics, and a new Human Rights Policy.

With respect to governance, the examination noted, “At the start of the period covered by the audit, all nine director positions had expired.” By the end of the examination period, the Minister had appointed five directors (the report erroneously states that six were appointed), including three who were reappointed to their positions. An additional three directors were appointed in July 2018, leaving one director with an expired term, who continues to serve until a replacement is named.

Senator Don Plett drew attention to delays in filling Governor in Council appointments through a Senate written question submitted on September 23, 2020, seeking information on the appointment process cited in the Auditor General’s 2019 special examination report of the CCC.

Ernie Briard, CCC’s Chief Financial Officer was appointed as interim President and CEO on October 26, 2020, for a period of six months or until a new President is appointed.

COVID-19 – Global Market Support for Medical Supplies

Supplementary messages

Supporting facts and figures

Background

Assisting Canadian suppliers of COVID-19 solutions: In order to increase awareness of international opportunities, the TCS has developed a directory of Canadian companies that provide solutions to support the fight against COVID-19. The Directory is intended to be a tool for Trade Commissioners at post to match COVID-19- related opportunities with Canadian suppliers that have interest and capacity for internationalization.

Global supply chains: Canada depends heavily on imports of medical products and pharmaceutical inputs. Given our highly integrated supply chains, the current pandemic could impact Canadian production capacity. Elements most critical to Canada’s supply chains include facemasks, protective suits, hand sanitizers, ventilators, vaccine supplies, therapeutics and some pharmaceutical inputs. Canada will continue to require inputs from international markets to build finished products and to support companies with export capabilities of medical and pharmaceutical supplies.

COVID-19 – Global Market Support for Vaccine Supplies

Supplementary messages

Background

A whole of government approach is being used to research, develop, manufacture, procure and eventually deploy one or more vaccines to Canadians.

Canada is negotiating bilateral advance purchase agreements for promising international vaccines and securing mass vaccination equipment and primary packaging supplies from international vendors. This is being executed in line with public health objectives, with consideration for feasibility of vaccination, potential for domestic manufacturing, portfolio diversification, securing redundant supply, and domestic and international equity. Canada is considering donating any excess vaccine if more than one vaccine candidate is successful.

In support of domestic biomanufacturing ramp up, engagement is underway, including international partnership opportunities to secure production capacity or licensing potential to gain access to a vaccine.

COVID-19 - Supply Chains

Supplementary messages

Background

The global pandemic has placed a new spotlight on global supply chains. At the onset of the pandemic there were concerns about the continued functioning of supply chains and the ability of Canadians to get essential foods and medicines. Shortages of Personal Protective Equipment (PPE) were mistakenly attributed to supply chain issues rather than the large and globally coordinated demand shock that it was.

Although there were some supply chain issues that required intervention by Ministers or senior officials and some quick policy adaptations, by and large international supply chains held up rather well during the global pandemic.

There has been talk of re-shoring of supply chains to increase the resilience of the domestic economy. Supply chains allow countries, regions within countries, and companies to specialize in what they do best while gaining inputs from and selling to global markets. Because of this, supply chains have been found to raise competitiveness and productivity, improve wages and lower prices for consumers.

Given these benefits of supply chains, companies will only take action to reconfigure supply chains if there is sufficient incentive to do so.

There is also doubt about the added resiliency of reshoring supply chains. While reshoring supply chains would shorten the chains and remove some foreign policy, transport and border risks, there is no guarantee of increased resiliency. The geographical dispersion of supply chains itself provides a form of resiliency. It is notable that some of the most important supply chain disruptions during the global pandemic were in meat packing which is largely domestic.

If there is questionable benefit from reshoring supply chains but likely significant cost, alternative approaches to increasing supply chain resilience may be more effective.

For an open economy like Canada, this largely means increasing the resiliency of the international environment and diversification. Updating trade infrastructure, not only physical but also trade facilitation infrastructure, and supporting the digitization of companies including those that facilitate trade would also promote resiliency.

Increasing visibility into supply chains is also an important contributor to resiliency. Many companies are also not aware of the risks in their supply chains and even sophisticated multinationals may not know their second or third tier suppliers.

Responsible Business Conduct

Supplementary messages

Update

Ms. Sheri Meyerhoffer was appointed as the Canadian Ombudsperson for Responsible Enterprise in April 2019. It is expected that her office will start reviewing cases in January, 2021. In addition to funding provided for CORE through Budget 2018, in January, 2019, then MINT, Minister Carr instructed the Department to provide funding for a total of six positions and approximately $1 million per year.

Supporting facts and figures

Background

Canada’s balanced approach to RBC includes both preventive measures and access to dispute resolution mechanisms through the Canadian Ombudsperson for Responsible Enterprise (CORE) and the National Contact Point (NCP) for responsible business conduct. A company that chooses not to engage meaningfully with either the CORE or NCP could face the withdrawal of enhanced trade advocacy support and future Export Development Canada financial support.

CanExport Funding Program

Supplementary messages

Update

COVID-19 and the resulting travel restrictions have had a significant impact on the ability of CanExport clients to explore new markets. In response to these challenges, the program released new Updates on November 3, 2020, which provide more flexible and generous funding, particularly for virtual activities. Main changes include:

Supporting facts and figures (since program inception in January 2016)

CanExport SMEs

CanExport innovation

CanExport associations

CanExport community investments

Background

Established in 2016, the Trade Commissioner Service’s CanExport Program is composed of four sub-programs: CanExport SMEs, CanExport Associations, CanExport Innovation, and CanExport Community Investments. Funding for the program was increased by $100 million over six years in June 2018, as a response to US tariffs on Canadian steel and aluminum. The 2018 Fall Economic Statement provided an additional $26 million on an ongoing basis.

International Students

Supplementary messages

Supporting facts and figures

Background

In 2019, Canada launched a new International Education Strategy focused on diversifying the students who come to Canada and supporting economic growth.

The IES allocated $34 million to GAC over 5 years, with $6.4 million ongoing, for enhanced digital marketing of Canada’s education offer; to support exports of education services and products; and for new “Study in Canada Scholarships”.

The IES also allocated $95 million to ESDC for a 5 year Outbound Student Mobility Pilot to help better equip Canadian students for labour market participation. Delivery of this pilot has been significantly affected by the COVID-19 pandemic.

IRCC received IES funding of $19 million over 5 years for modernization of its online application processes.

The pandemic has severely impacted Canada’s international education sector, due to the limitations on cross-border travel and the consequent negative impact on institutions seeking to attract and retain international students.

GAC worked closely with federal, provincial and territorial counterparts to consider options to safely re-open borders to international students. Amendments to relevant Orders in Council came into force on October 20, 2020, to facilitate international students’ entry into Canada.

International students seeking to enter Canada must meet all eligibility requirements, and be destined to a designated learning institution that has a COVID-19 preparedness plan approved by its province or territory.

Business Economic Trade Recovery (BETR) Working Group

Supplementary messages

Background

The idea of establishing a working group to improve coordination was an outcome from a meeting between MINT and portfolio partners on July 13, 2020. Following this, the Business Economic Trade Recovery (BETR) Working Group was established on August 13, 2020 and comprises leadership of the trade portfolio (EDC, BDC, TCS, CCC, IiC, ISED TAP). The work of the committee is targeted to be client focussed, build upon already successful collaboration, target identified key areas of focus, and build a pipeline of short-, medium-, and long-term initiatives.

The initial deliverables from the committee were a mapping of the portfolio key services reflecting the exporter journey needs, a review of the portfolio products and barriers to service, and an ideation of collaborative initiatives.

The Working Group has identified medtech, infrastructure in Asia, and agtech for more focused collaboration. Proposals for collaboration, including defining key performance indicators and how we will define success, are being developed for each sector and will be presented and discussed at the next meeting, November 20, 2020.

B) Asia

CPTPP Implementation

Supplementary messages

Responsive: Economies interest in joining the CPTPP

If pressed on support for any economy

Supporting facts and figures

Background

Ratification: The COVID-19 pandemic has further delayed ratification of CPTPP by Chile, Peru, Brunei and Malaysia. Chile’s CPTPP implementing legislation has been with the Senate for a year, where it must pass a simple majority vote by the full Senate; no date has been announced. Peru has faced ongoing political challenges, the timeline for ratification is unknown. Brunei continues to advance its domestic work on technical issues necessary for ratification. Malaysia’s timeline for ratification remains unknown.

CPTPP Accessions: With the CPTPP now in force, non-member economies are able to seek to join the Agreement, guided by a non-binding accession framework, and subject to negotiations on terms and conditions with the current CPTPP members. Accessions would be an opportunity for Canada to secure improved market access with new FTA partners. The U.K., Thailand, and Taiwan are the most likely economies to seek accession. The U.K. has publicly indicated that it intends to seek accession in 2021. Other economies, such as South Korea, have previously considered acceding and may do so in the future. To date, no economy has formally applied to accede.

CPTPP Promotion: The Government of Canada is conducting CPTPP-focused outreach to Canadian businesses to raise awareness of the opportunities created by the Agreement. In addition to conducting cross-Canada business-oriented events which have reached over 2,100 participants (mainly SMEs), the Trade Commissioner Service (TCS) continues to promote the CPTPP to Canadian businesses through social media campaigns and outreach with Canadian businesses associations. The TCS has also developed and/or Updated a number of informational tools, including the Canada Tariff Finder, the CPTPP website and CPTPP instructional videos to help SMEs and other potential exporters better understand and take advantage of the Agreement.

Canada-ASEAN FTA Negotiations

Supplementary messages

Supporting facts and figures

Background

Canada and ASEAN concluded exploratory discussions on a possible FTA in September 2019. At the ASEAN Economic Ministers (AEM)-Canada Consultations in August 2020, Ministers agreed to next steps towards a possible FTA, including tasking officials to initiate work in January 2021 on a reference paper to outline the scope of a possible agreement. The reference paper will be submitted for Ministers’ further consideration at the next AEM-Canada Consultations in 2021.

According to the Canada-ASEAN Joint Feasibility Study on a possible Canada-ASEAN FTA, a comprehensive FTA would deliver significant trade and economic benefits for all ASEAN member states and Canada. As part of this Study, Canadian modelling predicted a possible comprehensive agreement would increase Canada’s GDP by $3.37 billion and ASEAN’s GDP by $7.97 billion. Canada’s exports to ASEAN could increase by 13.3% ($3.54 billion) and ASEAN’s exports to Canada could increase by 15.5% ($6.38 billion).

In 2018, the Government conducted public consultations to seek the views of Canadians on a possible FTA with ASEAN. Overall, stakeholders expressed support for FTA exploratory discussions with ASEAN and highlighted significant opportunities to Canadians in the ASEAN market, notably with non-CPTPP economies (Indonesia, Philippines and Thailand), across a broad range of sectors, including agriculture, manufacturing and services. A small number of stakeholders, especially from the supply-managed agriculture sectors, are skeptical of the benefits of a possible Canada- ASEAN FTA.

China – Trade Relations and Market Access Issues

Supplementary messages

China-Canola

China-COVID-19 import measure on food products

Responsive: MINA announcement on a potential Canada-China FTA

Responsive: U.S.-China trade dispute and Phase One deal

Background

On September 18, Canada’s Minister of Foreign Affairs stated that conditions were no longer right for Canada and China to negotiate a free trade agreement, reflecting a shift in public messaging following the launch of exploratory discussions in 2016. In October, Prime Minister Trudeau said publicly that Canada will continue to stand up against China’s “coercive diplomacy” and human rights abuses in Hong Kong and Xinjiang.

China/Canola: Since March 2019, alleging discovery of pests, China suspended canola seed shipments from two major Canadian exporters, Richardson and Viterra, and increased inspection of all Canadian canola seed exports to China. Canada’s investigation concluded that the shipments met China’s import requirements. Beginning April 1, 2020, Customs China implemented a dockage level of less than 1% (from 2.5%) for Canadian canola seed shipments. Canada continues to engage with China, further to WTO consultations on October 28, 2019, and technical meetings in December 2019.

China/COVID-19: Since mid-June, 2020, China has imposed a series of COVID-19 related import measures on food products (affecting mainly meat, fish and seafood) from trading partners based on alleged concerns that food or food packaging may be a source or route of transmission of the virus. China’s measures have included testing of imported food products and suspension of imports from establishments where there have been outbreaks of COVID-19 among workers. Canada’s position, shared by most other trading partners, is that there is currently no evidence that food or food packaging is a likely source or route of transmission or route of transmission of the COVID-19.

U.S.–China trade dispute and Phase One deal: Trade tensions between China and the U.S. have escalated since 2018. The two countries have launched WTO dispute settlement cases against one another and levied tariffs on USD$546 billion of goods. The U.S.-China “Phase One” deal that entered into force February 14, 2020 requires China to purchase an additional $200 billion of U.S. goods and services in 2020 and 2021 over 2017 levels. Purchases under the “Phase One” agreement have so far been insufficient to meet the first year’s target. Despite this, U.S. officials have refrained from penalizing China for not meeting its purchasing commitments. Given the current wide- ranging impact of the COVID-19 pandemic, it is difficult to measure the impact that “Phase One” purchases are having on Canadian industry.

India – Market Access and Investment

Supplementary messages

Supporting facts and figures

Background

Pulses: India is the world’s largest pulse import market and, until September 2017, had been Canada’s largest pulse export market. However, responding to domestic pressures, India made commitments to self-sufficiency and increased domestic production. India continues to apply a number of measures on imported pulses including mandatory fumigation requirements, increases in import tariffs, quantitative restrictions on dry peas (de-facto banning imports of yellow peas) and, most recently, increased scrutiny for the presence of weed seeds, including a number of previously untested pests. Pulse exports to India from Canada have decreased significantly as a result of India’s restrictive measures, from $930 million in 2017 to $158 million in 2018 (an 83% decrease). Exports in 2019 rose to $422 million but are still well below 2017 levels. On July 28, 2020, Minister Ng raised the issue with India’s Minister of Commerce and Industry, [REDACTED].

Comprehensive Economic Partnership Agreement: Canada and India launched negotiations toward a Comprehensive Economic Partnership Agreement (CEPA) in November 2010. The tenth round of negotiations took place in 2017 in New Delhi, India. Several stocktaking meetings have taken place since then, including most recently on October 27, 2020.

Foreign Investment Promotion and Protection Agreement: Canada and India launched negotiations toward a FIPA in 2004. The most recent round of negotiations took place in 2017 in New Delhi, India.

Canadian Investment in India: Priority sectors for investment attraction from India include ICT, automotive, aerospace, infrastructure, financial services, and the oil & gas and extractive sectors. Canadian portfolio investments in India have grown substantially over the past five years and are estimated to exceed $60 billion. Canadian investors are active in India’s real estate, infrastructure, logistics, information technology, private equity, renewable energy sectors, and credit financing.

Australia Wine Dispute

Supplementary messages

Update

Canada and Australia advised the WTO Panel of the partial settlement reached and requested that the Panel refrain from making any findings or recommendations regarding the measures included in the settlement. The Government continues to explore support options that align with the Agriculture and Agri-Food Canada’s existing program suite, and Canada’s international trade obligations, while taking into account the current economic outlook.

Background

In January 2018, Australia initiated dispute settlement proceedings at the World Trade Organization (WTO) vis-a-vis wine measures maintained by the Government of Canada and the provinces of British Columbia, Ontario, Quebec, and Nova Scotia. At the federal level, the challenge targeted the federal excise duty exemption for wine produced in Canada entirely from Canadian agricultural content. At the provincial level, the challenge targeted a number of market access policies, mark-up, and tax measures applied by liquor boards. In April 2019, a settlement was reached between Australia and Canada in regards to the BC measure.

Canada worked in close collaboration with provincial governments to defend the remaining measures. However, understanding the high likelihood that the WTO Panel could rule against Canada, domestic grape growers and wine producers advocated that federal and provincial governments take mitigating action including exploring settlement options with Australia.

In response, Canada explored settlement options with Australia and reached an agreement regarding measures maintained by the federal government, Nova Scotia, and Ontario, thereby ceasing litigation regarding these measures.

C) Europe

CETA Ratification

Supplementary messages

Background

CETA Implementation and Trade Irritants

Supplementary messages

Update

CETA’s implementation continues with many Committee meetings and Dialogues taking place in the fall 2020. These meetings allow Parties to raise concerns relevant to stakeholders, to work for a resolution of such issues, and in some cases to sign Decisions or Recommendations implementing new areas of the Agreement. For example, Canada and the EU will soon take an important step by adopting four decisions on key elements of CETA’s Investment Chapter. These decisions build upon CETA’s innovative approach to dispute settlement and will further reinforce the impartiality of adjudicators, transparency of investment disputes, and ensure consistency in the interpretation of the Agreement.

Supporting facts and figures

Background

CETA is one of the most comprehensive and ambitious free-trade agreements that Canada and the EU have ever implemented. The EU is Canada’s second largest trading partner after the U.S., offering tremendous opportunities for Canadian businesses. A few irritants persist in the Canada-EU trade relationship. Canada is concerned about several outstanding commitments in CETA: including the EU’s delay in implementing the Conformity Assessment Protocol, the publishing of Temporary Entry information, and an early review of CETA’s Trade and Sustainable Development Chapters with a view to their “effective enforceability”. In addition, Canadian agricultural stakeholders have raised complaints with the EU’s non-tariff barriers on agricultural products (e.g. Italy’s COOL law, access for Canadian beef and pork, hazard based approach towards pesticides, long approval process for biotech products). The CETA Joint Committee (JC) chaired at the Ministerial level has been tentatively scheduled for March 2021. The JC offers a high-level platform to discuss CETA’s benefits and to raise the above irritants with the EU.

United Kingdom Trade Dialogue

Supplementary messages

Update

To avoid a gap in preferential trade access into each other’s market, and as a continuation of Canadian efforts to mitigate the [REDACTED].

Supporting facts and figures

Background

As a result of the U.K. decision in June 2016 to leave the EU, it will no longer be party to the Canada-EU CETA at the end of the Brexit transition period (December 31, 2020). Without a TTA in place on January 1, 2021, Canada-U.K. trade would return to a pre-CETA, Most-Favoured Nation basis.

Canada - Ukraine FTA Modernization

Supplementary messages

Supporting facts and figures

Background

The CUFTA is a comprehensive FTA, but does not include chapters on services and investment. The CUFTA contains a review clause (Article 19.2) that commits the Parties to review the Agreement within two years of its entry into force with a view to expanding the agreement to include trade in services and investment, as well as other areas by agreement of the Parties. In July 2019, PM Trudeau and Ukrainian President Zelenskyy announced a mutual commitment to expand and modernize the 2017 CUFTA. Public consultations to seek the views of Canadians were held in winter 2020 through a Canada Gazette notice. Global Affairs Canada (GAC) heard from 27 stakeholders representing industry, provinces and territories, civil society, individuals, and business associations. The majority of submissions were positive or neutral. An official report of the consultations was published on GAC’s website on May 20, 2020. The Government of Canada is a steadfast partner of Ukraine and has contributed to Ukraine’s wider bilateral peace and security objectives through financial, development, stabilization and security assistance. The modernization of the CUFTA would demonstrate the Government of Canada’s commitment to increasing and diversifying rules-based international trade, and would support Canada’s overall commitment to Ukraine and its domestic reform efforts. CUFTA modernization would help improve the business environment in Ukraine by strengthening trade rules and increasing transparency and certainty for Canadian stakeholders, including building on the existing obligations of the 1995 FIPA.

D) Africa

Canada-Africa Commercial Relations

Supplementary messages

Update

In February 2020 you completed a successful visit to South Africa, Kenya, and Ethiopia, where you emphasized the contribution of Canada’s mining, cleantech and infrastructure sectors, both large operators and innovative small and medium-sized enterprises, while promoting inclusive economic growth and poverty reduction, and respecting the highest environmental and human rights standards.

Efforts to continue to promote our trade and investment relationship with the continent have continued in the context of COVID. For example, you have engaged in numerous digital events with stakeholders, including joining leading African business executives in introducing the African Union online PPE procurement portal to Canadian companies and more recently to the Accelerating Africa conference organized by the Canada-Africa Chamber of Business.

Supporting facts and figures

Background

The African Continental Free Trade Area (AfCFTA) is an African Union (AU) initiative to create an Africa-wide free trade zone. The AfCFTA aims to create a policy framework for economic integration that supports goods and services trade, removes investment barriers, and encourages economic growth. The initiative currently includes 54 African Union members, with Eritrea the only AU member that has not joined discussions.

Mining in Africa

Supplementary messages

Update

Canadian mining companies responded quickly to the onset of COVID 19 in Africa with measures to protect the health of employees, contractors and communities while ensuring business continuity. In many instances Canadian mining companies contributed financially or in kind (through medical or personal protective equipment) to host countries’ efforts to combat COVID-19.

Supporting facts and figures

E) Latin America

Pacific Alliance Negotiations

Supplementary messages

Update

Eight rounds of negotiations have taken place to date, with the most recent held Nov. 21-23, 2019 in Lima, Peru. Good progress has been made in the negotiations. Following a pause in negotiations, discussions are ongoing regarding next steps.

Supporting facts and figures

Background

In June 2017, the PA invited Canada, Australia, New Zealand, and Singapore to become Associated States. Canada launched FTA negotiations with the PA in October 2017. Canada has existing FTAs with each of the PA countries and all except Colombia are also Parties to the CPTPP (Chile and Peru have yet to ratify). As a result, Canada already benefits from a high level of market access from its existing FTAs. Negotiations toward a Canada-PA FTA nevertheless provide an opportunity to modernize and streamline our existing FTAs, improve market access where possible, and secure outcomes that reflect our inclusive approach to trade (e.g. SMEs, gender, Indigenous peoples). Domestic consultations to seek the views of Canadians on a potential Canada-PA FTA were held in 2017.

Mercosur Negotiations

Update

Since launching FTA negotiations with Mercosur in March 2018, seven rounds of negotiations have been held. Round 8 had been scheduled for March 2020 in Brazil, but was postponed due to COVID-19. In October 2020, Chief Negotiators agreed to a workplan for virtual engagement at the technical level in order to make progress in various areas, despite ongoing travel restrictions.

Supporting facts and figures

Background

These negotiations provide an opportunity for Canada to promote an inclusive approach to trade and to advance broader social, labour and environmental priorities both at home and abroad while reinforcing the importance of a rules-based trading system at a time of growing protectionism. Environmental concerns stemming from the forest fires in Brazil’s Amazon region, coupled with human rights concerns related to Brazil’s treatment of Indigenous peoples and potential links to increased agricultural trade, have triggered greater public scrutiny of trade liberalization efforts with Brazil.

Several EU member states have expressed concern about these issues in the context of the ratification process for the EU-Mercosur FTA, and these concerns have been echoed by Canadian stakeholders, led by Greenpeace.

F) North America

CUSMA Implementation

Supplementary messages

Update

Trilateral discussions are ongoing to finalize the French and Spanish versions of several documents adopted by the Free Trade Commission (FTC) on July 1, and of the rules of procedure for the Extraordinary Challenge Committee and the Special Committee. It is anticipated that another decision of the FTC would be needed to adopt these documents. More recently, the parties have been focussed on the implementation of the autos rules of origin and standing-up CUSMA committees, including on SMEs, Competitiveness, Customs and Trade Facilitation, Transportation Services, and Technical Barriers to Trade.

Supporting facts and figures

Background

The CUSMA entered into force on July 1, 2020 reinforcing the strong economic ties between the three countries and enhancing North American competitiveness.

Importantly, the new Agreement preserves and enhances the integrated and virtually tariff-free market in North America by reducing red tape and lessening the administrative burden on importers and exporters.

Softwood Lumber

Supplementary messages

Update

Litigation: The most recent development in softwood lumber litigation was the U.S. appeal of the Final Report in Canada’s WTO countervailing duty (CVD) challenge on September 28, 2020. The report, released on August 24, is strongly in Canada’s favour and is a significant win. The United States appealed the report despite the lack of a functioning WTO Appellate Body (i.e. appealed the decision “into the void”). Even though the United States appealed the result, the Final Report will be useful for Canada’s arguments in our NAFTA challenge of U.S. countervailing duties. Canada expects that the NAFTA Chapter 19 CVD panel will be composed shortly. Litigation successes are an important component in building pressure on the United States to negotiate a new softwood lumber agreement.

Background

Canada’s softwood lumber industry employs over 218,000 Canadians, and is heavily dependent on exports. In 2019, Canada exported over $6 billion worth of softwood lumber to the United States. The United States is by far Canada’s largest export market, accounting for almost 75% of Canada’s total exports. While China is the second-largest market, only B.C. has substantial exports to China. The majority of Canadian softwood lumber exporters are subject to a combined 20.23% U.S. duty rate.

U.S. Trade Remedy Processes - Administrative Review (AR): In the absence of a negotiated agreement, the U.S. Department of Commerce conducts an annual review of AD and CVD duty orders. Preliminary results were issued for AR1 in February 2020. They indicated that the “all others” duty rate could fall to 8.21% from the current “all others” rate of 20.23%. Final results, which could vary from the preliminary results, are expected by the end of November 2020. Many companies are eager to have the final results released, hoping that the final rates will be lower than current duty rates.

State of the Softwood Lumber Sector: Lumber companies have been helped significantly by an unprecedented surge in lumber prices over the summer due to strong demand. The Framing Lumber Composite (FLC) price reached an historic peak of US$955 on September 18. Lumber prices have been on the decline since then, but remain well over historic levels. The FLC price as of October 23 was 685 US$/MBF (lowest point of the year was US$348 on April 10, 2020).

Negotiations: Canada’s position remains that a new softwood lumber agreement is in the best interests of both countries. However, given the U.S. political calendar and the current crisis, a window for negotiation under mutually acceptable terms is unlikely before 2021.

B.C. Log Exports Process: B.C.’s federal/provincial log export process (LEP) requiring logs to undergo a surplus test prior to export has long been criticized by some domestic log harvesters. Canada’s LEP is implicated in U.S. softwood lumber trade remedy proceedings. A domestic judicial review of MINA’s decision to deny certain export permits for ‘not-surplus’ logs is also underway. Canada is defending the policy on all fronts.

Canada-US Trade Remedy Issues

Supplementary messages

Update

Aluminum: On October 27, the United States formally removed its Section 232 aluminum tariffs against Canada, retroactive to September 1. U.S. Customs announced it would stop collecting tariffs and importers can expect refunds for duties paid since September. The United States may reimpose tariffs if Canadian shipments exceed their monthly volume expectations.

Steel: [REDACTED].

Blueberries: On September 1, USTR announced the Seasonal Produce Plan, which requests the U.S. International Trade Commission to launch a Section 201 global safeguard investigation on blueberries imports, as well as Section 332 fact-finding investigations on strawberries and bell pepper imports. Canada monitoring and in close contact with industry and affected provinces.

Other Section 232: The United States has other ongoing Section 232 investigations that directly target and affect Canadian industry, including electrical transformers, mobile cranes, and vanadium. Canada provided written comments to all these investigations. Announcements before U.S. election are unlikely.

Supporting facts and figures

Mexico Trade Challenges

Supplementary messages

Energy Sector

Mining Sector

Background

Mining Sector: Canadian companies are the largest foreign investors in Mexico’s mining sector. According to Natural Resources Canada, Canadian-controlled companies had CAD$20.1 billion in mining assets in Mexico in 2018. As such, Mexico remained the second largest recipient of Canadian mining assets abroad in 2018 (12% of Canadian mining assets abroad), after the United States (14%).

In addition to their contributions to economic growth and job creation, Canadian mining companies support sustainable local development and community well-being through programs for education, health care, and small business development. However, Canadian investors face longstanding challenges related to uncertain land access, unclear requirements for community engagement and consultation with Indigenous peoples, weak rule of law to protect their operations and personnel, difficult security environments in some regions, and taxation issues. In order to address the issues, the Government of Canada is making use of the working-level bilateral mechanisms put in place for collaboration with Mexico.

Mexico Energy Policy: Beginning in April 2020, the Mexican government, and its regulatory agencies, introduced a number of regulation and policy changes to favour state-owned generation, largely from fuel oil, over electricity produced by private companies, notably renewable energy. The changes could adversely impact approximately US$4.17 billion in Canadian investment. Additionally, media reports indicate that regulatory agencies have been instructed to not issue new permits to companies operating in renewable energy. Canadian investors have reported significant delays in permitting, and a lack of a communication from Mexican authorities, affecting Canadian investment in both renewable energy and oil and gas pipelines.

G) Middle East / Russia / Other

Saudi Arabia – Export Controls and LAVs

Supplementary messages

Update

The Minister of Foreign Affairs and the Minister of Finance announced the conclusion of the departmental review of export permits to Saudi Arabia and the improved terms of the Light Armoured Vehicle (LAV) contract on April 9, 2020.

Supporting facts and figures

Background

The review covering November 2018 to December 2019 of all existing permits destined for KSA for items controlled under the EIPA including LAVs concluded that there is no substantial risk that these items would result in the negative consequences outlined in the ATT. However, in light of the KSA’s actions in Yemen there is a substantial risk that certain controlled items (such as bomber aircrafts) would be used to commit serious violations of International Humanitarian Law (IHL). No such items have been transferred to KSA from Canada.

Turkey - Export Controls

Supplementary messages

Update

On October 5, 2020, Canada announced the suspension of export permits to Turkey relevant to the Nagorno-Karabakh conflict. This decision followed various allegations of the possible export to Azerbaijan of Turkish drones with Canadian components, and reports that these drones may have been used in combat operations. Canadian officials are currently investigating these allegations and the suspension will allow time to further assess the situation.

Supporting facts and figures

Background

Following Turkey's October 2019 military incursion into northeastern Syria, Canada put in place a temporary suspension on the issuance of all new export permits for controlled items destined to Turkey.

On April 16, 2020, Canada issued a Notice to Exporters and narrowed the scope of Canada's policy on exports of controlled items to Turkey. While restrictions continue to apply to Group 2 (military) exports to Turkey, Canada will consider on a case-by- case basis if there are exceptional circumstances, including but not limited to NATO cooperation programs, that might justify issuing an export permit for Group 2 (military) items. Exporters who were issued permits for the export of such items to Turkey prior to October 11, 2019 may continue to export against those permits during their period of validity.

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