ARTICLE
23 October 2008

Canada´s Newly-Elected Conservative Government´s International Trade And Investment Agenda

BC
Blake, Cassels & Graydon LLP

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The Conservative Party has proposed a number of measures to those interested in maintaining and expanding Canada's international trade and investment relations.
Canada International Law

Copyright 2008, Blake, Cassels & Graydon LLP

Originally published in Blakes Bulletin on Competition/International Trade, October 2008

Implications for the Canadian and International Trade and Investment Community

The Conservative Party (the Government) has proposed a number of measures to those interested in maintaining and expanding Canada's international trade and investment relations. Although the trade-related aspects of the Government's platform cannot be guaranteed to come to fruition in the same form as the Government has outlined as its intended agenda given the uncertainties associated with operating in a minority government, the Government has indicated that it will seek to increase trade and investment ties with emerging markets, eliminate trade barriers currently existing between various regions within Canada, and aim to introduce measures that will support various Canadian industries, including Canada's natural resources sector as well as the manufacturing sector, in becoming increasingly competitive on a global level. In other words, the Government has indicated that it will continue to be outward looking from a trade and investment perspective and focus on making Canadian companies more competitive in the global market.

Increasing Trade and Investment Ties with Emerging Markets

The Government intends to increase Canada's level of trade with emerging markets by:

  • Maintaining its focus on negotiating FTAs and seeking their approval in Parliament

  • Continuing to aggressively pursue further bilateral and regional free trade and economic agreements, which may include the negotiation of a Canada-EU FTA as expected to be announced at an upcoming Canada-EU Summit

  • Opening trade offices in China, Mongolia, Mexico, Brazil and India.

Breaking Down Trade Barriers Within Canada

The Government intends to reduce or eliminate trade barriers between the various regions within Canada by:

  • Employing the Agreement on Internal Trade, an agreement between the federal government and the provinces, to further eliminate barriers that restrict trade, investment and labour mobility within Canada by 2010

  • By relying on the federal trade and commerce power, if necessary, to strengthen the country's economic union.

Helping Canadian Businesses to become Globally Competitive

As part of the Government's initiative to increase the ability of Canadian businesses to compete in the global marketplace, the Government has indicated:

  • A commitment to increase the ability of Canadian companies to access investment opportunities abroad

  • That it will work towards opening up two regulated sectors, airlines and uranium mining, thereby attracting additional foreign investment to Canada, provided that the proposed foreign investments in these areas satisfy the national security test and that reciprocal benefits are provided by Canada's trading partners.

Support for Industry

As a means of providing support to various Canadian industries, the Government has indicated that it intends to:

  • Continue to fund the aerospace and automotive industries in Canada and ensure that these industries maintain their position on the leading edge of technological advancement by maintaining the C$900-million Strategic Aerospace and Defence Initiative and the C$250-million Automotive Innovation Fund

  • Further reduce or eliminate tariffs on a wide range of imported machinery and equipment

  • Support the forestry sector by extending additional funding to facilitate marketing abroad and convert from fossil fuels to biomass

  • Modernize the administration of fisheries

  • Extend the "super" flow-through share incentive for mining

  • Support Canada's agricultural industry, nationally and in the context of international negotiations, by injecting a further C$500-million over the next four years to fund an agricultural flexibility program that will be designed to assist Canadian farmers in dealing with the costs of production, promoting innovation, addressing environmental issues and responding to market challenges and opportunities

  • Continue to support supply managed sectors (e.g., milk, poultry, etc.) nationally and in international negotiations

  • Decrease the cost of transportation by reducing federal taxes on diesel and aviation fuel by half.

Other trade-related measures

These measures include:

  • A prohibition on export of raw bitumen (unprocessed oil from oil sands) to jurisdictions with more lenient greenhouse emissions standards

  • Reaffirming the Government's ban on the bulk transfer of water and standing by the Government's position that NAFTA cannot require such exports to be made

  • Injecting the Canada Food Inspection Agency with C$160 million towards the hiring of additional inspectors, the more accurate tracking of imports and the introduction of improved safety measures

  • Implementing consumer product safety legislation, providing for greater inspection and testing of food, toys and consumer products.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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