:
I call this meeting to order.
Welcome, everybody. This is meeting number 60 of the Standing Committee on International Trade.
Today’s meeting is taking place in a hybrid format pursuant to the House order of June 23, 2022. Therefore, members are attending in person in the room and remotely by using the Zoom application.
I would like to make a few comments for the benefit of the witnesses and members.
Please wait until I recognize you by name before speaking. When speaking, please speak slowly and clearly.
With regard to interpretation, for those on Zoom, you have the choice at the bottom of your screen of either “floor”, “English” or “French”. Those in the room can use the earpiece and select the desired channel.
I remind you that all comments have to be addressed through the chair.
If members in the room wish to speak, please raise your hand. For members on Zoom, please use the “raise hand” function. The clerk and I will manage the speaking order as best we can, and we appreciate your patience.
Please also note that during the meeting, it is not permitted to take pictures in the room or take screenshots on Zoom.
Should any technical challenges arise, please advise me, and we will suspend the meeting in order to ensure that everyone has proper interpretation.
Pursuant to Standing Order 108(2) and the motion adopted by the committee on Friday, November 25, 2022, the committee is beginning its study of non-tariff barriers in Canada’s existing and potential international trade agreements.
We have with us today, by video conference, from the Automotive Parts Manufacturers' Association, Flavio Volpe.
From the Canadian Centre for Policy Alternatives, we have Stuart Trew, senior researcher.
We have, from Mondo Foods Co. Ltd., Tom De Nardi, president.
For the Organization of Women in International Trade, we have Nathalie Bradbury, president.
Welcome to all of you.
We will start with opening remarks and then proceed with a round of questions.
Mr. Volpe, I invite you to give an opening statement of up to five minutes, please.
:
Thank you, Madam Chair. It's good to see you again.
Thank you to the committee for inviting me to this august panel to talk about something that is, from time to time, the biggest issue for our industry in trade with other countries.
I'm going to frame my remarks with our relationship with commercial and diplomatic relations with Japan, because I think it's illustrative of where some of the non-tariff barriers play in a real and practical manner in the auto sector, where we can ground a couple of examples, but I want you to keep in mind that countries like Vietnam, which are now our CPTPP partners, are emerging players in the auto sector.
Anybody who's been to the Yorkdale mall in Toronto can see that you can buy a VinFast, which is a Vietnamese-produced, -engineered, and -supplied vehicle. It's a very competitive product for sale to Canadian consumers.
We spent a lot of time with this government and the previous government in updating, renewing, and starting new trade relationships and formal trade agreements with great existing trade partners like Japan. During the TPP discussion and negotiation that started with the former government and finished with the current government, one thing that we were seized with was how to deal with our Japanese partners' global-leading automotive products and the local demand here. How do we properly work out an agreement that is accretive to operations in both countries? Also, how do we balance a scenario in which Canada does not have a domestic automaker and does not make decisions on product allocation and design, as even the Vietnamese do?
Specifically, Toyota and Honda manufacture vehicles here and sell vehicles here. Some of the vehicles that they manufacture they sell here. Some of the ones that they sell here they manufacture in other parts of the world, including, especially, in Japan.
We tend to conduct these negotiations as if we're equal partners, at least in the automotive space, but we're not. We're the world's 10th-biggest automotive jurisdiction, by units of production, but we have not had a sustainable Canadian car company for 100 years. Malcolm Bricklin gave it a shot in the the seventies, and it didn't work.
I draw attention to the fact that different countries have different vehicle import penetrations that are starkly different from Canada's. In Canada, 85% of the vehicles sold have foreign origins. In Japan, that number was 6.9% in 2017, when we started the TPP negotiations.
We talked with both governments, the previous one and the current one about this. Some of the reasons are that the non-tariff barriers in Japan take the form of ownership taxes. For example, Japan charges private vehicle owners three annual taxes for vehicle use, paid at registration time: automobile tax, which is on the dimensions; automobile weight tax; and on-the-road tax. They're all charged on a sliding scale. The first two are by vehicle weight and size and the third is by engine displacement.
We'll use this example. For a Canadian car made in Brampton on the Stellantis, Dodge and Chrysler line, the LX cars that we all know—the Chargers, Challengers and 300s—those three taxes would have totalled 105,000 yen at the time. A Japanese domestic market Nissan Maxima with a base engine would annually cost a Japanese customer about 79,000 yen. For that comparison that we used, for a similar product into that market, the annual ownership difference was the equivalent of about $1,500 to $2,300 Canadian.
On the fuel side, the fuel costs in Japan are 40¢ a litre higher. A lot of that difference—52%—is in taxes. This adds a disproportionate cost for the less fuel-efficient vehicles that we manufacture here for the North American market.
Using the regular Transport Canada duty cycle of 24,000 kilometres a year at $1.60 for a litre of gas, the difference in operating a Canadian-made vehicle from Brampton and a Nissan Maxima was somewhere between $989 and $1200 in incremental tax. This is the ownership price difference.
There are no distribution dealerships for Canadian cars in countries like Japan. There are Japanese car companies that operate dealerships here. The cost of importing a vehicle would be borne by the consumer.
It makes it price-prohibitive for a consumer in Japan to buy a vehicle made in Canada. We signed up to do a free trade agreement, the CPTPP, with the view that one of the advantages would be we would open up a great Japanese market in the same way that we opened up a Canadian market. However, we are not organized the same, from an industrial point of view; we don't have Canadian-domiciled companies. The Japanese non-tariff barriers in the form of taxes, both for the ownership and on the gas, make it prohibitive, and that is a bigger barrier than anything else in terms of customer preference.
If we're going to continue to do these trade agreements—Vietnam is inside the CPTPP—we're going to have the same challenges, with an imbalance in trade between them and us on those vehicles. It's the same thing with Europe and CETA.
I hope we take a deeper look to see the other barriers to consumer entry the next time that we reopen or start a trade negotiation with another car-making country, rather than just saying what we usually say, which is that if you're competitive, you can sell there.
:
Thanks very much, Chair and committee, for the invitation to be here.
To be honest, I wasn't exactly sure how to frame my presentation on the topic of non-tariff barriers. It seemed to me to be quite a broad category. I thought, maybe given the high profile of certain food issues around non-tariff barriers, that would be the focus, but from looking at the group you have here, it's more eclectic and more varied than that. I decided to keep it to the big picture and mention three things I think are important to keep in mind in any discussion about non-tariff barriers.
The first is that what one group—whether it's a producer group or a trade economist, for example—considers a a non-tariff barrier, other groups might simply call good public policy.
I'll give you a few examples. One is front-of-package health labelling on cigarettes, alcohol or food, talking about the sugar or fat content, for example. That labelling applies to domestic as well as international companies. You could have labels that have to do with other aspects as well, like halal labelling in Indonesia. That has come up as both a technical barrier to trade and, in that country in particular, as good public policy.
Another example is California’s animal welfare laws that expand minimum cage and pen sizes for captive farm animals and ban the sale of food products, even from out of state, that can’t meet those standards.
There are policies aimed at reducing the use of pesticides, for example, and favouring organics based on environmental considerations or the preferences of a given local, national or regional population, in the case of the European Union.
There may be public stockholding. There are tons of other examples, but public stockholding programs in, say, India aim to stabilize prices and compensate struggling farmers.
All of these are clear cases that serve public health, public ethics and social and environmental purposes, but they may also be challenged in trade deals that have overly strict rules on how governments are allowed to regulate.
The second point I'll make is that I think existing trade deals go far enough, and probably too far, in limiting regulatory and policy space in ways that impoverish our democracy and the democracies in other countries.
Canada and the U.S. are among a relatively small group of countries at the WTO that continue to expand disciplines on government regulatory space in their bilateral and regional trade agreements. The CUSMA is the most striking example. I can share some of the research I've done previously on some of the ways that's true, if the committee is interested.
For example, the agreement goes further than most trade deals to privilege the interest of foreign investors and foreign companies in the domestic rule-making process. It also enshrines in international law a single—allegedly best—way to regulate in all instances in what they call the “good regulatory practice” chapter, which is open to dispute settlement in that agreement.
The amount of work that Canadian regulators already do now to ensure that public protections comply with our trade obligations—things like red tape reduction, act rules and regulatory burden assessments—has been described by different groups as creating “red tape for regulators.” It actually gets in the way of governments doing their job in some cases, which is regulating to protect public interests.
That job, I would say, is complicated enough by today’s overlapping and very serious environmental and social problems. In some areas, like fossil fuel emissions, biodiversity loss or online privacy, I think governments are under pressure to do more to restrict trade and to create what might be considered as trade barriers or technical barriers to trade, and for good reasons. Rapidly lowering greenhouse gas emissions and protecting public privacy by limiting cross-border flows of data are examples. These are all examples of how public policy could be framed one way or the other.
The final thing I'll say is that I believe appropriate venues already exist at the WTO and in our bilateral agreements for addressing differences with other countries with respect to technical barriers to trade, food standards and other policies. The notice system at the WTO is quite effective at defusing problems before they end up before a dispute settlement panel.
Where we have bilateral commitments and committees established to look at certain issues is in CETA. Obviously, it's not what a lot of producer groups would say is a perfect solution, but I would say it's one that strikes a good balance between the democratic obligations of governments to their people and varied interests in how they develop policy on the one hand and the trade interests of limited groups on the other.
I'll conclude there to say that I think this is possibly a huge area of study for the committee. I wish you good luck in grappling with it.
I think it's an important area because it also goes to the heart of what our trade agreements do and could be doing better in this era as we grapple with these very big problems, such as climate change and biodiversity loss, for example.
Thank you.
My name is Tom De Nardi. I am a family member of a second-generation food business that I hope to pass on to my children one day. My 80-year-old parents still come to work every day to make sure their legacy continues.
For 50 years, our family has been importing, retailing, wholesaling and distributing domestic and imported cheese to pizzerias, restaurants and retailers, both local and nationally. In fact, some of the products you buy at your grocer may have been pioneered, developed, imported or distributed by Mondo Foods. We have grown from a 600-square-foot Italian deli in Winnipeg's ethnic west end to a medium-size business today.
This was through hard work and dedication to family, staff and customers. It's been a long road. It's been a tough road. Multiple times over the years, we pioneered and built specialty cheese programs for major retailers worth millions of dollars, only to be cut out by the quota holder.
Until CETA, CUSMA and TPP, the only way to import cheese into Canada was to own or rent quota from a historical WTO quota holder. A small amount of WTO quota was reallocated to us in the late 1990s as a result of the Canadian trade tribunal report. This allowed us to pioneer new, exciting specialty cheeses for our customers. We were finally in control of our own destiny. In fact, we further developed a specialty cheese market by acquiring other WTO quota holders' licences, but once again we became a victim of our own success. We developed an imported cracker and cut-cheese tray never seen in Canada before, which we unfortunately had to stop selling, as sales demand far exceeded quota availability, costing us millions.
CETA was rolled out with a four-pool program from 2017 to 2022, which saw access to the Canadian market increased from 15 million to 30 million kilograms. We thought this was the beginning of a more level playing field for companies like ours: a small and large pool for manufacturers, and the same for retailers and distributors, with 60% going to the small and medium enterprises and 40% going to the large enterprises. The threshold for manufacturers was approximately 50 million litres and approximately one million kilograms of cheese sales for retailers and distributors annually.
It is worth noting that under the supply management system, there are potentially thousands of distributors and retailers, but there are under 100 manufacturers.
In 2017, Mondo received its first CETA allocation, which grew to 120 tons in 2020. It used this allocation to import and develop a specialty cheese program with major retailers. The program grew, and we were comfortable in thinking we had a stable 100-ton—plus or minus—supply of CETA, as our sales volume had not changed since 2020. It never occurred to us that in five years the threshold would slide backwards to 475,000 kilograms from one million kilograms.
In 2021, we were devastated to find out we would be competing with the likes of Loblaws and Sysco for quota in the large pool, and we received only 5,800 kilograms, down from 120,000 kilograms just the year before.
Think about that for a second.
This put our family business in extreme peril, and all the hard work evaporated. We sounded the alarm bells to Global Affairs and had several conversations and assurances: “We understand the effects on companies like yours”—there were several—and “This is a result of unintended consequences” of the formula, and there was a comprehensive review to address it.
Follow-up emails and meetings with the deputy director were summed up in the following email to him on September 13, 2022: “In conclusion of our meeting, Mondo is hoping to get a timely resolution to the unintended consequences of the mathematical formula that currently governs the small and large pool of distributors and retailers.”
Some of the key points discussed were thresholds that better reflect those established at the outset of CETA; greater transparency of thresholds, so that companies are not blindsided from one year to the next and put into the large pool; that a reasonable continuity of quota amounts from one year to the next is crucial to a company's contractual commitments and continued viability; that it is unfair and devastating for companies like ours to be given quotas to build our business and then be penalized for maintaining and growing; that it's not just the economic cost but also the damage to the company's goodwill; and that the current system has created a market of “armchair traders” who increase the price to consumers, causing inflation and market instability.
We feel no further ahead than at the beginning, beholden to armchair traders who are making millions of dollars on our work and doing nothing.
Just this year we lost a 30-year customer for the value of the quota that I had to pay for, and a manufacturer was gifted by Global Affairs from a WTO reallocation, a reallocation of 250 tonnes that I was not entitled to, so we are not sure where the equity and equality is on that.
CETA is not the only area where there are problems. Both CUSMA and the TPP are being challenged by the United States and New Zealand. We have problems with this system.
Thank you.
:
Hello. My name is Nathalie Bradbury. I'm representing the Ottawa and Toronto chapters of OWIT, the Organization of Women in International Trade.
I am the president of OWIT Ottawa and a former trade commissioner, economist and policy officer in various parts of the Canadian public service, including Global Affairs, agriculture, immigration and Canadian Heritage.
The Organization of Women in International Trade, OWIT, is a global not-for-profit association that has been seeking to advance women's role in international trade and business for over 20 years. OWIT has 2,500 members in over 25 chapters active in North America, Central America and South America, as well as in Europe and Africa. OWIT members are professionals engaged in all aspects of international trade. Together, our members make a significant contribution to global economic growth.
At OWIT Ottawa and OWIT Toronto, we provide mentoring, networking and educational events, as well as trade missions. We have corporate members, including Export Development Canada, and members from the private and academic sectors, as well as individual members, who tend to be professionals in the legal and financial sectors, academics, the public sector, as well as members from large and small corporations.
Thank you, Madam Chair, for giving us the opportunity to speak about non-tariff barriers—NTBs—in Canada’s current and potential FTAs.
[Translation]
You can ask me questions in French, if you like.
[English]
NTBs are, as Stuart said, a huge area of study. They are complicated and detailed, and yes, they have a good side and they have a bad side, so it's hard to really assess them broadly since they have different impacts. I have stories to tell that are different from those of either of my colleagues here, so in the interest of time, I'll pass on to that.
How do these NTBs pertain to women in trade? Canadian studies show that women-owned businesses tend to be smaller, have fewer employees and have more trouble with access to finance than those owned by men.
CanExport grants, for example, have high thresholds for applications that can work against service-based businesses, which a lot of women hold, and the application process is onerous. Besides service businesses, Canadian women entrepreneurs are very active in retail, buying and selling to international markets, an area with many technical trade regulations, which are essentially NTBs. These kinds of challenges for women-owned businesses are similar to those of our trading partners as well. In fact, they're worldwide.
The 2022 report, “The State of Women's Entrepreneurship in Canada”, released on International Women’s Day in March, found that only 18% of Canadian companies are owned by women, up from 16% two years earlier. That's small progress, but it's very small.
Many women-owned businesses are not incorporated, so they aren't counted in the statistics, or are sole proprietorships, which is another definition again.
Women-owned businesses congregate around the small end of the business spectrum, and many business services are designed for the larger, incorporated businesses run by men. This, however, is slowly changing. The business world is adapting.
What are some of the implications of NTBs for women? Complexity of rules of origin, heavy use of legal jargon in the wording of rules, as well as the complications of tariff classification for certain types of products make it difficult for businesses, and in particular SMEs, to leverage free trade agreements because they or their foreign suppliers can't understand the eligibility rules.
Importers are often obliged to rely on their suppliers to provide certifications of origin and have limited ability to conduct due diligence on the production process because of commercial confidentiality concerns, even though the duty liability is borne by the importer. This creates risk for the importer. Here, I'm talking clearly about small business. I'm speaking about women-owned businesses, which is where most Canadian women-owned businesses are located.
Variations in rules of origin across different free trade agreements have created a spaghetti bowl of different rules that make compliance and record-keeping difficult and costly for companies, especially companies that have a small number of staff.
We all agree that health-based or environmental policy-based trade restrictions have positive aspects from one perspective, but there are also some negative ones. There are always trade complaints in the courts trying to sort through those issues.
I participated in a recent event organized by the British chambers of commerce of Canada, Ecuador and Chile. OWIT UK and OWIT Ottawa were present. According to Simonetta Zarrilli at UNCTAD, for many decades it was felt that trade and gender had nothing to do with each other. Customs procedures, duties, and tariffs are the same whoever is doing the importing and exporting, right?. However, what is different is the impact of these rules and procedures on women and men, since they play different roles in society and the economy.
First, women are employees. With trade liberalization and a switch to export orientation in many developing countries, large numbers of women were hired to work in these sectors, such as textiles, clothing and shoes, and later in the high-tech factories for microchips, cellphones, iPhones—you name it. However, the best jobs—the high-paying jobs for factory managers and trading professionals—were held by men. This might remind you of the situation with C-suites in Canada, where there are not enough women.
:
I can't speak to the negotiations between Global Affairs and their European counterparts. What I can tell you is that we do have access, in this country, for about 30 million kilos of EU product, most of which comes as specialty cheeses, but there are some commodity-based products. That's the access they have to our market. I'm not sure what access we have to their market or the access we gave up in order to have access in pork or whatnot.
At the end of the day, I think you might be drilling down to the fact that the most advantaged sector is the dairy manufacturers, the big processors. They're the ones who get the most licence and they're the ones who control most of the imported cheese quota in this country.
Whether it's CETA, with 50% of the 15 million kilos, or whether it's the CUSMA, with almost 100%.... That one broke. It was an 80-20 rule, whereby 80% went to the processors and 20% came to the distributors.
What ended up happening is that the U.S. challenged that. Then Global Affairs said, “Okay, we'll have it your way.” In the spirit of the agreement, instead of some of it coming to distributors to deal with the breadth and depth of the manufacturers in the U.S., like many of the small manufacturers, they said, “No, have it your way” and they removed the 20%. Now it's the more you sell, the more you get.
For example, sir, I got 10,000 kilos of butter from the U.S. and about 13,000 kilos of cheese, which I used to buy from many small producers in the United States. After Canada dug in its heels on its ruling, I now have 900 kilos of butter and about 2,000 kilos of specialty cheese to bring in.
The Canadian manufacturers, I'll tell you, sir, have plants in the U.S. What they'll end up doing is bringing their commodity-based products from the U.S. into their Canadian plants with all of that CUSMA licence. There, their product cost is half, and they get to sell it for the same price in Canada. You tell me if that's the spirit of the agreement. Of course our trading partners are up in arms.
I would say to you, sir, that it was the same with TPP, but CUSMA is the best example. The United States is challenging that one more time.
I hope I've answered your question; I don't know if I understood it correctly.
:
Thank you for your question.
[English]
The information is there. I think specifically on the TPP initial negotiations, I think it was the decision of the negotiating team—the government at the time—that there were priorities other than protecting vehicle access in exchange for gains in other sectors. I think it was the same with the government that closed it.
I think what's really important to understand is that while we agreed to disagree with the government on what the threat was from Japan.... We also had the Japanese investment here. Toyota and Honda were extremely invested in the Canadian market and were making a million cars a year, which was half of our production. There were some advantages there that kind of balanced things off. However, we included Vietnam in the CPTPP, which the government dismissed at the time because Vietnam and Malaysia, for example, were just parts suppliers like Canada. There was a balance with Japan, but they weren't worried about the Vietnamese threat. Here we are now, five years later, and the Vietnamese make cars and import them to Canada, tariff-free in part, because of the deal we signed that didn't see any emerging threat or consider it to be a risk for the market share of Canadian producers.
VinFast makes great vehicles. They are competitive and they look good. They're designed by Pininfarina, which is Ferrari's designer. They are priced competitively against Tesla, the market leader. They are sold directly, past distributor agreements, in places like shopping centres in Toronto.
When we get a chance to review the CPTPP, I think the first thing I would look at is the balance of cars made in Canada and sold in Japan. I'll tell you there will be none, or 300 or 400, versus maybe 150,000 here. Then look at the new Vietnamese threat. There will be zero going from Canada to Vietnam and there will be a good cohort of cars sold by VinFast here.
I think that should be a case study lesson for the next time we renegotiate CPTPP or we dismiss the potential of other trading partners emerging to compete with us in one of the most important sectors in this economy.
First of all, I want to say thank you to all of the witnesses who are here in person, and Flavio, it's good to see you online.
I want to start with Ms. Bradbury, actually.
Thank you for your service as past trade commissioner. It's a really important service to Canadian entities for what we do on exports around the planet.
You mentioned the empowerment of women generally in the entrepreneurial space. You talked about some very important programs. You highlighted Quebec and the child care program. As you well know, we are patterning a national program on Quebec's very successful model. We're hoping to see the same sort of results replicated in the other nine provinces and three territories around the country. I want to ask you to comment on that.
As well as commenting on that, could you comment on one other aspect that you raised? It was this issue about how non-tariff trade barriers apply to women who are predominantly small-sized entrepreneurs and how that dovetails or not with the women entrepreneurship strategy.
That's a big policy that we've rolled out over the last few years. It's almost $7 billion of investments. It has several heads. One of the heads of that investment deals specifically with the pursuit of market opportunities abroad through market strategy and promoting business advisory services, etc.
Do you have any concrete suggestions about what we need to do with respect to the women entrepreneurship strategy to empower women entrepreneurs to both export more and also overcome non-tariff trade barriers as they exist as impediments?
Could you comment on both of those?
:
First of all, with regard to the broader government policy framework outside of trade, this is something that.... There's the example of child care. This has been very well noted. Canada's often a world leader in promoting women in trade and women in the economy. At one of the recent events I was attended, OWIT UK—actually, it was the U.K. Department for Business & Trade, I think—they mentioned that child care is something that they are really pushing forward, and this is coming from a Conservative government.
Other countries have also understood the importance of national programs such as child care. They also look at other types of government policies and industry initiatives that can move things forward. In other countries, gender-based violence is a big issue, and there are all sorts of issues, so these government policies....
It's interesting, because foreign trade negotiations that have a progressive chapter—a gender and trade chapter or an inclusive trade chapter, broadly—often lead to progressive reforms taking place in other parts of the government policy framework generally. That's just a quick overview of that aspect.
In terms of NTBs affecting women primarily at the small side of the spectrum, in terms of working with the women entrepreneurship strategy, a key part is trade. It's such a wonderful strategy and it covers so much. Again, other countries look enviously at Canada and what we've accomplished here.
Non-tariff barriers encompass so many different areas, and one of them is intellectual property. In the field of textiles, for example, in traditional areas like in indigenous groups, women are the owners. They are the creators of intellectual property, of the designs, the textile designs, and there are even the genetic resources—medical herbs and that kind of thing. There's understanding that they need to be helped, so WIPO—the World Intellectual Property Organization—has set up programs to assist women indigenous groups to assist them to become more entrepreneurial, to understand the value of their intellectual property and to set up training. WIPO does things for women in these countries.
I don't know to what extent in Canada we assist women owners. I don't know if the indigenous peoples of Canada can benefit from WIPO. I think it's strictly for developing countries. This is an example to show that maybe developed countries, if they don't have their own strategies, may be not be at a disadvantage, but they can't also benefit, so there's the idea of replicating some of the programs at the UN level.
Another one would be SheTrades, which is a combination between UNCTAD and the International Trade Centre for developing countries to teach women entrepreneurs from these places how to engage. They are also also finding them mentors, teaching them programs, teaching them confidence building and assertiveness training so that when they're with a bank, they don't sound like a huge risk because they don't sound as if they don't believe in their products or in their strategies. It's that kind of thing.
Working on these things requires a combination of government policies, industry initiatives and support from international organizations. We have to work together to move forward and to—
:
Thank you for your questions.
[English]
I'll try to answer as well as I can.
I think you raised some very important questions about what the government's intentions were in the negotiations. What was the strategy? Was it appropriate? Did we get an outcome that we maybe didn't anticipate?
I don't know with respect to beef. I only go by the stories that everyone can hear about Canada's beef producers being disappointed with the access they received. Could we have predicted this going in? I think probably. This is one of the longest-standing issues Canada has with the European Union with respect to the acceptability standards that are adopted for the production of beef here and within the European Union.
Again, there are multiple domestic interests in the European Union. There are very strong interests and very strong consumer preferences with respect to certain things, such as the use of antibiotics in raising cattle.
Could we have anticipated it? I think probably we could have. Could we have had a better result? I don't know. Given how bad the result was for the sector, did we give up things in other areas that maybe we didn't have to? Maybe. I think this is a question for the government in terms of its satisfaction with the outcome it got.
Going back to what I was saying about the CETA committees, there is still dispute settlement. If Canada has an issue with any of these matters in the European Union, they can take it to dispute settlement or they can take it to the committees. There's a diplomatic cost to that, and that would obviously factor into any decision. However, it's not as if we don't have options in CETA to raise these matters. If you look at some of the CETA committee work, you see that all Canada talks about at the agriculture committee and the SPS committee is beef.
It's not like Canada is not bringing this up again and again. We don't get a lot of information about those committees, though, and maybe there is a bigger role that this trade committee could play in peering into some of those meetings that are happening at the bilateral level. You might find some answers there about what's happening.
:
I'm not going to pretend to be a trade expert in these areas, but I will say what I heard as negotiations were going forth. Under the Conservative government, the CETA was started, to my understanding. It was concluded by the Liberal government, the government of the day, and I'm no partisan either way. This is not the point.
However, what i can tell you is that if Europeans are not living up to their commitment of importing our beef or perhaps even pork, I think we need to ask ourselves what the product is that they want. This is supposed to be a customer-driven system, a customer-based system, right? If you don't have something they want today, then at least the market is there and you need to create something they want. It's supply and demand, a very simple thing. It's basic economics. It's no use trying to sell the Europeans something they don't want.
With regard to cheese, I can speak a little bit about this. I can tell you that at the onset, when the manufacturers in Europe found out that the manufacturers in Canada—the biggest oligopolies in the world, as far as they were concerned—were going to get licence, they had a cow. Pardon the pun. They were very upset. I know this because I deal with a lot of manufacturers.
This was not the spirit at the table. This was a last-second “gotcha” sort of thing: “By the way, the manufacturers are getting 50%.” Why would you say that? How would you like to sell to your competitor in a different market? You don't want to be doing that; you want the broad breadth and depth of the marketplace so you can go find a whole vast array of different customers and not be dependent on the big oligopolies that control 80% of the milk in this country.
They have something that we want, which are fine cheeses, for the most part, out of Europe. If we have to give them back something, it's up to us to decide what is good as far as beef or pork is concerned. We have to.... They're the customer, right?
If this is where we're going with this type of thing, I can tell you that we didn't exactly play fair ball either. They were shocked. They capitulated, but they were shocked. I know this for a fact.
I hope I've answered your question.
:
Thank you, and thank you, everyone, for being here today.
It's all very interesting and somewhat complicated. I'm kind of new on this file, so I'm learning a lot.
I want to start with Mr. Volpe to try to figure out exactly what the auto parts manufacturers want. It sort of plays into what Mr. De Nardi just said about producing something that the customer wants.
When I was a kid, we didn't have any cars, or I assume even parts, here in Canada from Japan. Then we had a crisis with gas prices, and suddenly Toyota, Nissan and Honda were making small fuel-efficient cars, which were very, very popular in the seventies. It seems to me, from my uneducated eye, that they used that beachhead to develop a broad impact into the North American market.
It seems that you consider it as a non-tariff barrier, that because we produce big heavy cars that aren't fuel-efficient, we are being cheated somehow by the Japanese. I assume, yes, they are non-tariff barriers, but perhaps we should be looking at that and making something that the Japanese market wants.
It's like California doubling down on emission standards in the seventies because of smog. They made those standards, and the North American market capitulated because California was a big customer.
I'm wondering if you could comment on that. Maybe I'm off base, but I'm trying to understand this.
:
Thank you to the honourable member for dating himself.
When I was a kid, there were big cars here. The big cars were American and the smaller cars were Japanese. The Japanese took proper, full advantage of a hole in the market for what we needed, especially with the spike in the price of fuel.
We use the Japanese or the Europeans. They develop vehicle size and fuel standards in part because of the cost of fuel. It's also in part because of the size of the roads in those markets. In Europe there's a displacement charge that starts at two litres of displacement. If you go to Europe for whatever reason and you rent a car, you'll notice that almost everything starts as two litres or under. Everything else is a luxury tax that gets borne by the owner every year.
I won't tread over the criticism that we should make things that are more attractive to the Europeans and the Japanese. I don't know if I agree or disagree. Those are certainly arguments that have been made over the years. Those products are made that way because of the way the roads are and the price of fuel. The reason we have bigger cars here is that we have cheaper fuel and bigger roads.
What I'm merely saying is that the position of our organization, certainly for domestic producers here, is to be awake to that when you make trade negotiations and say, “Oh, well, we have access to the European market” or “We have access to the Japanese market.” That's despite the fact that a lot of what's happening in the automotive sector is on global platforms that are designed to more homogeneous customer preferences.
The reality of what their production is geared towards is that the Japanese have a market of five million vehicles a year, but they make nine million. They need to export. In Canada we make two million cars a year and we buy two million cars a year. It's a balance. They got the better deal in TPP. We didn't make a free trade arrangement with CETA. There's a quota there. Certainly I would have been saying the same thing if we had conceded local content requirements in exchange for the reduction of, or at least the addressing of, non-tariff barriers.
We don't make decisions in Toronto, Ottawa, Calgary, Montreal or Vancouver on what those cars look like. In this country, we supply those decisions as made by Detroit, Tokyo and now, increasingly, the Germans. Canadian interests don't control the design, engineering and size of vehicles, and Japanese interests do. They have a much stronger hand. The Europeans have a much stronger hand. The Koreans have a much stronger hand.
In the trade agreements we made with each of those regions, we lowered the domestic content requirement to sell a car tariff-free and we did not address the barriers to entry. It wasn't the death knell in any way for the Canadian market, but it did concede a whole bunch of market space to imports. Now we have EV mandates that are proposed, and certainly will be confirmed this year, that require a certain percentage of domestic sales in Canada to be EVs; otherwise, those companies will face a $20,000 fine for each vehicle that is not compliant. Well, a lot of those companies are in TPP or CETA countries that will meet those targets by importing vehicles to sell to Canadians because it's easier and more profitable than to do a short production run here and have Canadians build them and have Canadians supply parts to them.
We need to be careful. At least we need to be informed—
:
Thank you, Madam Chair.
Thank you to the witnesses for being with us this afternoon.
I'd like to begin with Mr. De Nardi.
You talked about the trade agreements that have been reached: CETA, WTO, CPTPP and CUSMA. Under those agreements, if I understand correctly, Canada has agreed to a combined 10% market access when all of those agreements are fully implemented.
It's not so much that the argument deals with what market access is. It's how that quota is then distributed to the manufacturers and the producers. My understanding—and you've raised the concerns—is that you have these large manufacturers in Canada that have operations in the United States and Europe. They're international. They're actually getting a double advantage from these agreements, leaving small producers such as yourself out in the cold.
You've talked to the government. You've raised these concerns. You've asked for changes. You've spoken to Global Affairs. You've spoken to the minister's office. You've written to them. What have their responses been to you? What actions are they taking to address these concerns for small manufacturers? As you know, in my community I have a small producer-manufacturer, Roman Cheese Products, that sells lasagna, gnocchi and ricotta cheese throughout the country.
How do you respond to that?
:
First of all, we're in kind of the distributor class. I just organized that, but we're still on the small side of stuff.
Yes, it's manufacturers versus distributors, and yes, the very large manufacturers are an oligopoly in this country. There's no question. The biggest dairy processors get the most on the CUSMA and TPP side, the lion's share of everything. They are entitled to import quota and so are the distributors, but it works on volume. For Mondo Foods, if I sell a million kilos of product—my combined volume—and someone like the very largest manufacturer sells hundreds of millions of kilos, they get the 99.9% and I get the 0.1%.
That's how it works on CUSMA, which has changed. It used to be an 80-20 rule, but Canada dug in its heels. They changed the agreement, and now we're in a fight with the United States. I don't know how that's going to end, but we'll see how that goes.
It's the same thing with the TPP, which is still intact, in that there is some sharing between the manufacturers and the distributors. For those pools, it's just manufacturers and distributors. The CETA is a different thing. The CETA is the coveted one, right? It's the coveted one because of European cheese, which has always been coveted and wanted by many people in Canada. It has a high demand. Initially, it was only supposed to be distributors and retailers. There are lots of studies. I go back to the 1992 inquiry into the allocation of import quotas as tabled in Parliament in 1992. We've been talking about it since then. I appeared here—yes, we did—in talking about the fair allocation and how it should be, but they got 50% of everything.
For Mondo Foods and this whole threshold thing, it's one set of rules for the manufacturers, between the large and the small—and I'm not begrudging them—but there is a completely different set of rules for distributors like me and the retailers. This moving target, not knowing where we're going to be from year to year, has killed my business, as I've testified.
What does Global Affairs say to get to here? They won't talk to me anymore, not the senior staff. There have been many emails upon emails and conversations that start off very nice, so either they're incapable or they're indifferent. It's one of the two. They're incapable because they don't have the power to do it, or they're just indifferent and they just don't care.
As a matter of fact, I'm going to recite a line that the people of Global Affairs told me. This is the senior management: “Tom, there are winners and losers in this game, and you're on the wrong side of the fence.” Well, tell that to the bank to pay the mortgage after you've just built a business.
That's unacceptable. They won't talk to me. They won't correspond with me—not the director, the deputy director or the senior trade policy analyst—and I've been part of their solutions for so many years. They've come to me so often to participate in their studies, Madam Chair.
:
With regard to CETA, without blowing the whole system up and taking manufacturers completely out of the equation—let's just say that we stay where we are at the moment—we could at least be going back to a set of rules that we consider to be fair and equitable.
You had a set of rules with regard to large and small pools. They're moving around due to unintended consequences. I think we we really need to go back to where the spirit of it was at the very beginning and to make it transparent. For a company like mine, if you know that the threshold's around a million kilograms, you make the decision as a business owner. It's in your hands whether you're going to sell more and then lose that quota—that's up to you—or stay below that, not sell as much, maybe charge a bit more, make more money and have that quota for yourself. That's what I would say.
Right now, my business is in the hands of Global Affairs. Somehow it doesn't make sense. It's never a good thing when the Government of Canada is running your business.
As far as the other categories are concerned, I think you have to adopt something similar to what you did with CETA, if that's the way we want to keep this. In that scenario there's a split, a share, between distributors and manufacturers, if indeed that's the road we want to go down. Right now it's very heavily advantaged towards the manufacturers, as I pointed out before.
:
It's different for each of them. With regard to CETA, 50% goes to manufacturers and 50% goes to distributors and retailers, of which there are four pools. I expressed what happened to me going from the small pool to the large pool. That has to be fixed. That has to be reorganized due to this unintended consequence.
The first category has three players, with manufacturers at 50% and distributors and retailers in another category at 50%. That's CETA.
With CUSMA, it's distributors and manufacturers only—no retailers. Right now, under CUSMA, the more you sell, the more you get, so Mondo Foods gets nothing relative to those massive dairies that pump millions of litres of milk through. They get everything. We get nothing.
The TPP is a little bit different. There is a mechanism there whereby there's a share, so if you apply and you're a distributor, you get a one-piece fair share based on the number of applicants you get. It's not the best, but it's not terrible, and that's for both butter and cheese.