From 6–9 June
2014, Senator Janis Johnson and Mr. Gord Brown, M.P., Co-Chairs of the Canadian
Section of the Canada–United States Inter-Parliamentary Group (IPG), hosted the
IPG’s 54th annual meeting in Ottawa, Ontario. The meeting was also
attended by six Canadian Senators, seven members of the House of Commons, five
U.S. Senators and four members of the U.S. House of Representatives (see the
Appendix). Ministers Peter MacKay, Kerry-Lynne Findlay and Lisa Raitt, and the
Honorable Bruce Heyman, the United States’ Ambassador to Canada, joined the
delegates at selected activities. The U.S. delegation was led by Senators Amy
Klobuchar and Mike Crapo, and Representative Bill Huizenga.
The Canadian delegation was supported by Ms. Angela Crandall,
Executive Secretary, Ms. June Dewetering, Senior Advisor, Mr. Jim Lee,
Advisor and Mr. Jed Chong, Advisor.
THE
EVENT AND DELEGATION OBJECTIVES FOR THE EVENT
Established in
1959, the aims of the IPG are to find points of convergence in respective
national policies, initiate dialogue on points of divergence, encourage
exchanges of information, and promote better understanding between American and
Canadian legislators on issues of shared concern.
A principal
means by which the IPG achieves its aims is through an annual meeting. The
meeting, which alternates between Canada and the United States, is attended by
delegates from the Canadian Parliament and the U.S. Congress. During the
meeting, delegates seek to identify shared values and common goals, and find
possible solutions to a variety of bilateral and multilateral matters of
concern to both countries.
ACTIVITIES
DURING THE EVENT
During
the IPG’s 54th annual meeting, delegates participated in opening and
closing plenary sessions, and held plenary discussions on the following topic
areas:
·Water
and energy;
·International
security;
·Trade
issues; and
·Public-private
partnerships.
As
well, they attended a reception hosted by the United States’ Ambassador to Canada,
the Honorable Bruce Heyman.
OPENING PLENARY SESSION
During the opening plenary session, delegates
introduced themselves, and identified their state or province, primary
interests and committee assignments.
TOPIC-FOCUSED
PLENARY SESSIONS
A.WATER
AND ENERGY
1.Ballast
Water Regulations
A
Canadian delegate launched the discussion on U.S. ballast water regulations by
suggesting that regulations that work well for both Canada and the United
States are needed. In speaking about the 2013 U.S. Environmental Protection
Agency’s (EPA’s) vessel permit regulations for ships operating on the Great
Lakes, and the exemption for Anticosti Island and for ships built prior to
2009, the delegate indicated that there are no U.S. ships built post-2009 that
are operating on the Great Lakes. According to the delegate, from the Canadian
perspective, the technology that is needed to comply with the regulations does
not exist and Canadian ships do not have on-board treatment facilities;
moreover, the ballast water treatment system that is needed would entail a cost
of $5 million for each Canadian vessel, and – as American operators do not have
to face this cost, Canadian operators would be relatively less competitive as
the price of their goods would have to rise to cover the cost. In also speaking
from the Canadian perspective, a colleague commented that invasive species are
a serious problem, but not one that Canada has experienced for quite a number
of years.
An
American delegate highlighted a bipartisan letter that was sent to the EPA
urging the development of harmonized regulations where it is practically and
technologically feasible to do so, and noted that some see the regulations as a
“hammer” that will “drive” the needed technological developments that do not
yet exist. According to a colleague, the regulations are designed to address
invasive species, which are a major problem and can cause economic harm.
Another American delegate noted that the United States and Canada have a shared
interest in ensuring a lack of invasive species, but said that care must be
taken regarding expectations about the use of technology that does not yet
exist.
2.Energy
The
discussion on energy issues was started by a Canadian delegate, who stated that
Canada and the United States have the largest integrated energy market in the
world, as well as diverse energy sources. In characterizing Canada as a safe,
secure and reliable supplier of energy to the United States, the delegate noted
that Canada is both an exporter of energy to, and an importer of energy from,
the United States. A colleague mentioned that an inexpensive and reliable
supply of energy is important for the economic growth and competitiveness of
both countries, while another Canadian delegate said that Canada must have
export markets for its oil; it will export to countries other than the United
States, if required.
According to an American delegate, the United States is
proud of its energy relationship with Canada, and the two countries share
concerns about the safe movement of oil by rail. A colleague said that “of
course, the United States should buy oil from Canada, its best provider, and,
of course, Canada should sell oil to the United States, its best customer”; it
is important for Americans to understand Canada’s options: if Canada does not
export oil to the United States, then it will do so to China or other foreign
markets. An American colleague spoke about the goal of reduced dependence on
fossil-based fuels, while another identified the need for stronger efforts to
protect the environment.
In
addition to highlighting their frustration about the delays in approving the
Keystone XL pipeline proposal, Canadian delegates noted that the oil sands are
important for both Canada and the United States, and will continue to be
developed regardless of whether the proposal is approved. They also commented
on the existing pipeline structure that crosses the shared border, suggested
that moving oil by pipeline is less dangerous than doing so by rail, and
described the Keystone XL pipeline proposal as a political “football.”
American
delegates differed in their views on the Keystone XL pipeline proposal. One
delegate expressed frustration with what were characterized as unjustified
delays and urged immediate permitting and operation, while a colleague said
that the objections to the proposal are without basis and underscored that a
network of pipelines already crosses the U.S.–Canada border. Still another
American delegate believed that the federal process should be allowed to
continue to its conclusion, as circumventing it would set a bad precedent.
American delegates highlighted that members of Congress vary in their support
for the proposal, although there is some consensus that a decision about the
proposal must be made.
A
Canadian delegate stated that U.S. funding of Canadian environmental groups is
hindering the adoption of a balanced regulatory approach, while a colleague
noted that oil sands-related greenhouse gas emissions are falling. Another
Canadian delegate spoke about the province of Alberta’s requirements regarding
returning lands to a natural state after oil has been extracted.
As
well, a Canadian delegate said that climate change is a global concern that is
not defined by borders and urged Canada–U.S. cooperation on climate change issues,
while an American delegate identified the need to examine the science
underlying climate change.
3.Other
Water Issues
In characterizing water as the greatest resource of
all, a Canadian delegate highlighted the ways in which Canada and the United
States currently work together on water issues; particular mention was made of
the International Joint Commission and a range of water quality agreements. The
delegate also commented on the implications of hydraulic fracturing for ground
water, and said that extreme weather events and climate change are affecting
water quality.
An American delegate mentioned extreme weather, noting
that there are significantly fewer hurricanes and more droughts in
drought-prone areas. The delegate also suggested that the global temperature is
no longer rising, and that carbon dioxide emissions cannot be the only
consideration. A colleague indicated that the U.S. Department of Agriculture
has a climate office, and highlighted the severity, intensity and erratic
nature of extreme weather events.
A
Canadian delegate spoke about the rising concentration of medications in water,
including antibiotics, and stated that Europe has taken a strong stand on
antibiotic use with animals and the impact on water supplies. The delegate
highlighted “take back medication” programs, and an American delegate noted
that 50 tons of drugs were collected in one day during a “take back medication”
initiative.
B.INTERNATIONAL
SECURITY
1.Arctic
The discussion on Arctic issues was launched by a
Canadian delegate, who noted the importance of the Arctic region to Canada
generally and, specifically, to those who live there. The delegate also
commented on Canada’s chairmanship of the Arctic Council, and identified
concerns about the security and sovereignty of Canada’s North.
In
highlighting that the United States will assume chairmanship of the Arctic
Council from Canada, an American delegate said that the transition should be
seamless and that many of the goals should be the same. The delegate also
mentioned that the development of the Northwest Passage that is resulting from
climate change is reducing shipping costs and enhancing export capabilities.
2.North
Atlantic Treaty Organization and Ukraine
An
American delegate started the discussion on the North Atlantic Treaty
Organization (NATO) and Ukraine by characterizing Russia’s invasion of Crimea
as unacceptable and destabilizing, and by suggesting that developed countries
need to work together in addressing these types of issues. According to the
delegate, the United States should not be expected to react alone; instead,
there is a need to be smart and realistic, and engage other countries. While
commending Canada for its help in Ukraine and Afghanistan, the delegate urged
Canada to increase its spending on defence; as a percentage of the country’s
gross domestic product, Canadian defence spending has been stable or falling
since the 1990s. Similarly, a colleague commented favourably on Canada’s role
in conflicts in Afghanistan and around the world. Moreover, another American
delegate stated that Germany is a powerful country and should act like it, and
that NATO is more important now than at any other time in its history.
According
to a Canadian delegate, Russia has increased its spending on defence, and a
collective will with a collective financial capacity is needed; Russia’s
President Putin must be made to realize that actions have consequences. A
colleague suggested that Russia’s takeover of Crimea is an incremental
movement, and is consistent with Russia’s behavior with other countries, when
it has acted without consequences; if Russia sees countries reacting to its
actions “like lambs,” it will act aggressively. Another Canadian delegate noted
that, since 11 September 2001, the world has changed, and the United States’
enemies are Canada’s enemies; as the two countries are allies around the world,
that relationship should be reflected at the shared border, which should not be
a barrier.
3.Cybersecurity
The
discussion on cybersecurity issues was started by a Canadian delegate, who said
that – as we now live in a digital society and no country is immune to data
breaches – the risks presented by that society must be addressed, including
those relating to the permission-less, multi-stakeholder Internet. The delegate
also suggested that, while Canada and the United States are good at collecting
data, they are not particularly good at protecting data; there is a need to
increase our vigilance. Canadian colleagues highlighted the privacy rights that
exist in Canada, mentioned the Canadian Charter of Rights and Freedoms’
rights to assemble and associate and questioned the government’s need to know
with whom and when a person is assembling or associating, said that the “real
war” of today is the theft of intellectual property, and identified the
challenge in finding the right balance between protecting privacy rights and
ensuring national security while addressing vulnerabilities.
According
to an American delegate, our greatest current vulnerabilities are
cyber-related, and the United States’ critical infrastructure is not – at
present – at all secure. A colleague reiterated the vulnerabilities and the
constant “cyberassaults” that are occurring, while another American delegate
noted that cyberattacks originate from individuals, organizations and other
nations, and that “big data” is a “big deal”; with a phenomenal amount of
information collected about us every day, there are privacy considerations and
it is legitimate to question whether individuals are protected by having one or
more entities knowing seemingly everything about them. Still another delegate
urged a close partnership between the United States and Canada regarding
potential cyberattacks, said that significant vulnerabilities exist, and made
particular mention of the need to protect utilities as the digitization of
transmission systems grows.
C.TRADE
ISSUES
1.Trade
Agreements
In launching the discussion on trade agreements, a
Canadian delegate identified the United States as Canada’s primary trade
partner in both value and volume, and noted the agreements recently concluded
or being negotiated between Canada and the European Union, South Korea, Japan,
India and the Trans-Pacific Partnership (TPP) countries; regarding the last of
these, the United States could be helpful in “moving negotiations along.” The
delegate suggested that Canada’s agreement with the European Union is much
broader than the North American Free Trade Agreement (NAFTA), although
the latter agreement was successful in creating jobs, establishing North
American supply chains, and increasing the value of trade among Canada, the
United States and Mexico. As well, the delegate spoke about the Global Markets
Action Plan, which is the federal government’s new international trade policy,
and the Plan’s specific targets and countries.
A Canadian colleague commented on the importance of a
continental perspective, as – collectively – the three NAFTA countries are
competing against the rest of the world; free and fair trade is needed as the
NAFTA countries are an “economic player” in the global environment. The
delegate noted that cars manufactured in North America cross the shared borders
many times and incur certain fees at each crossing, while foreign automobiles
cross fewer North American borders – perhaps only one border as they enter
North America – and incur fewer fees.
According
to an American delegate, the United States appreciates the trade relationship
that it has with Canada, and there is scope to do more with each other and with
Mexico; that said, in both of the United States’ political parties, there is
opposition to trade agreements. A colleague said that some Americans believe
that NAFTA led some businesses to leave the United States for Mexico, while
another American delegate noted that trade issues are increasingly difficult
and polarized in the United States, although it is important for the United
States to project “who it is” through trade, as well as a focus on rule of law
and win-win solutions. A colleague suggested that the job losses that have
occurred in the United States are not the result of trade agreements, but
rather currency manipulation, while – similarly – other American delegates
commented on the harmful effects of currency manipulation, including by China.
Delegates
also discussed the TPP negotiations. An American delegate identified the
negotiations as critically important, especially for developing countries, and
said that the quest for trade promotion authority (TPA) for the President –
which expired in 2008 and provides assurances to the United States’ trading
partners – has gone on too long; both the TPP negotiations and TPA are priorities,
and will have a great impact on what the world will look like in a decade. A
colleague commented that the conclusion of the TPP negotiations and TPA for the
President are unlikely to occur before the November 2014 mid-term elections,
while another stated that TPA “short circuits” the approval of trade
agreements, mentioned the treatment of labour, environmental and currency
issues in trade agreements, and noted that a bipartisan letter was sent to the
President about currency issues in the context of the TPP negotiations. Another
American delegate expressed the reluctance by the U.S. Congress to put an
“unamendable” trade agreement before Congress, and suggested that the TPP
agreement probably would not pass without TPA. A Canadian delegate noted that
there are some concerns in Canada about the TPP negotiations, including in the
manufacturing sector.
An
American delegate said that, while Americans may recognize intellectually that
Canada is the United States’ largest trading partner, they may not internalize
– or see the effects of – this reality. A colleague commented that free trade
“does not cut it” unless it is fair trade, and urged a much more open
discussion on the outcomes of trade negotiations, including the likely impact
on the United States’ trade surplus or deficit.
2.U.S.
Country-of-Origin Labelling Requirements
A Canadian delegate started the discussion on the
United States’ country-of-origin labelling (COOL) requirements by
characterizing them as a prime example of “what not to do,” as both Canada and
the United States are being hurt and the livestock sector used to be the most
integrated sector in North America; a trade war benefits no one, although
Canada has developed a retaliatory list that could be activated, if required.
The delegate noted that the dispute about the COOL requirements is but one
among a number of disputes – including in relation to Buy American provisions
in U.S. legislation, intellectual property rights and, on occasion, softwood
lumber – and said that the COOL issue could be resolved by applying a “North
American” label following processing. A colleague reiterated that the COOL
issue is serious and has led to job losses in both countries; instead of
disagreeing with each other, Canada and the United States need to join forces
and compete in foreign markets.
An
American delegate indicated an awareness that the United States has repeatedly
lost when the World Trade Organization has ruled on the issue of its COOL
requirements, and characterized both repeal of the requirements and a “North
American” label as problematic and complicated respectively; one concern is
identifying the point at which the meat product becomes “North American.” A
colleague said that the label should reflect where the animal came from, while
another American delegate stated that it is important to resolve the issue
soon.
Delegates
also discussed the dairy sector. An American delegate indicated that Canada has
severe dairy supply limits, noted that the dairy sector was not addressed in
NAFTA, and said that some Americans would like to increase trade with Canada in
dairy, egg and poultry products. The delegate suggested that U.S. changes to
its dairy program have resulted in a more market-oriented approach. A Canadian
delegate commented that Canada’s supply management system is a control system
and does not guarantee a profit for farmers; moreover, the United States still
has some considerable subsidies for its dairy producers.
3.Beyond the
Border and Regulatory Cooperation Council Initiatives
The discussion on the Beyond the Border (BTB) and
Regulatory Cooperation Council (RCC) initiatives was started by an American
delegate, who identified these initiatives as critical to making the border
that is shared by the United States and Canada more fluid for goods and people;
progress with the latter initiative is relatively slower, and a number of pilot
projects exist in relation to the former initiative. The delegate highlighted a
need to fund both initiatives appropriately, and a colleague identified the
requirement for the United States and Canada to “stand together” to be more
effective as, worldwide, the interests of the two countries are aligned.
Another American delegate urged the United States and Canada to work with
Mexico as part of a trilateral relationship.
According
to a Canadian delegate, the genesis for the BTB and RCC initiatives is the
terrorist attacks on 11 September 2001, which led to the Smart Border Action
Plan between Canada and the United States in December 2001; in some sense, this
Plan was the predecessor to the BTB and RCC initiatives that were announced in
February 2011. The delegate suggested that bilateral approaches between Canada
and the United States, and between the United States and Mexico, must become
trilateral, as the focus must be a North American trading area. As well, the
delegate noted that Canada is financing the U.S. customs plaza at the new
Detroit, Michigan–Windsor, Ontario border crossing. A colleague stated that the
seamless movement of goods and people across the shared border is important to
the gross domestic product of both countries. Another Canadian delegate said
that “thinning” the shared border and streamlining supply chains would yield
significant benefits and enable productivity improvements that enhance
competitiveness, while a colleague said that the fewer the restrictions between
the two countries, the greater the benefits.
An
American delegate noted that it is the United States’ responsibility to
contribute to the funding of the new Detroit–Windsor crossing and the U.S.
customs plaza, and thanked Canada for the country’s willingness to finance the
new crossing, as the Ambassador Bridge is the busiest bridge in North America.
A colleague noted that, as there is a pilot project at the United States–Mexico
border that is a public-private partnership, this approach needs to be used at
the United States–Canada border too. The colleague also highlighted the
importance of protecting intellectual property rights, and of combatting
intellectual property theft and counterfeit goods, and noted that Canada is on
the U.S. Trade Representative’s Special 301 watch list.
D.PUBLIC-PRIVATE
PARTNERSHIPS
A
Canadian delegate launched the discussion on public-private partnerships (P3s)
by noting that Canadian P3 projects started with rail before expanding to other
sectors and project types, perhaps especially municipal infrastructure. A
colleague noted that the keys to a successful P3 project are structuring the
project so that interests and incentives are properly aligned, and allowing the
private sector to decide the “how” after the public sector has designated the
“what.” Another Canadian delegate cautioned that, before beginning a P3
project, the contractual obligations must be clear.
According to an American delegate, Canada is better at
P3 projects than is the United States; that said, in the United States, P3s are
among the new ways in which infrastructure and transportation needs can be
funded. Similarly, a colleague identified challenges in the United States in
funding transportation, and noted that – politically – it is difficult to
increase tolls; another American delegate said that tolls slow down traffic and
result in more gas use.
CLOSING
PLENARY SESSION
During
the closing plenary session, the main points that were made during the annual
meeting were summarized and areas where follow-up actions are required were
identified.
A.Water
and Energy
Regarding
ballast water, delegates agreed on the need to ensure the existence of
harmonized regulations that are practically and technologically feasible, and
noted that invasive species can be a significant and costly issue.
On the
issue of energy, delegates agreed that North American energy security is
important, and that the Keystone XL pipeline and the safe transportation of
hydrocarbons are aspects of that security. It was noted that Canada continues
to be the United States’ primary, most reliable and most secure supplier of a
range of energy sources and that, as an energy exporter, Canada’s energy
exports should be mainly to the United States, rather than to other countries.
As well, delegates highlighted that many pipelines currently cross the
Canada–United States border, and said that a decision about the Keystone XL
pipeline proposal needs to be made as soon as possible, bearing in mind that
there is a regulatory process in place.
Delegates
commented that Canada and the United States have a number of bilateral water
agreements in place, that water is the greatest resource of all, and that
extreme weather and other climate-related events are affecting water. According
to them, water quality issues relating to pharmaceutical runoff containing
hormone disruptors must be examined.
B.International
Security
In noting that the Arctic is vital to both countries,
delegates mentioned that the transition from Canada’s chairmanship of the
Arctic Council to the United States’ chairmanship should be a smooth process.
As well, they characterized the development of the Northwest Passage as a
shipping route as a positive result of environmental changes that are occurring
in the Arctic.
Regarding
NATO and Ukraine, delegates said that Russia’s actions in relation to Crimea
are unacceptable and destabilizing, and that countries must stand up to Russia.
As well, they said that Canada is to be commended for its support in Ukraine
and Afghanistan.
On the topic of cybersecurity, delegates suggested that
countries must address the risks of the digital society, and noted that the
permission-less and multi-stakeholder nature of the Internet creates risks.
They suggested that Canada and the United States need to work together on data
protection issues, as our greatest vulnerabilities are cyber-related.
C.Trade
Issues
According to delegates, people in both of the United
States’ political parties oppose trade agreements; that said, if trade is to
occur, it should be free and fair. Delegates also stated that integrated supply
chains within North America indicate the need for Canada, the United States and
Mexico to work together. Moreover, they said that the TPP negotiations are
important, and that some U.S. legislators feel that TPA for the President is
vital.
In
commenting on trade disputes, which they felt benefit no one, delegates said
that Canada and the United States need to determine how to move forward – not
backward – together, including on such key issues as the United States’ COOL
requirements, softwood lumber, Buy American provisions in U.S. legislation and
protection of intellectual property rights. They suggested that a “Made in
North America” label could solve many problems.
Delegates
characterized the BTB and RCC initiatives as useful in helping to improve
competitiveness and prosperity, and said that measures – including the U.S.
customs plaza at the new Detroit, Michigan–Windsor, Ontario border crossing –
need to be funded. They also stated that, as parties seek the seamless movement
of people and goods across shared borders in a secure manner, bilateral
initiatives need to become trilateral measures among Canada, the United States
and Mexico.
D.Public-Private
Partnerships
Delegates
noted that Canada has used P3s in a number of areas, including transportation
and other municipal infrastructure, with a range of benefits; for example,
private-sector expertise has been used for public benefit. According to them,
the United States needs to address its transportation and other infrastructure
needs in new and creative ways; in that regard, the United States can learn
from Canada in relation to P3s. In the view of delegates, letting the public
sector identify the “what to achieve” and allowing the private sector to
identify the “how to achieve it” is beneficial.
E.Areas
for Follow-Up Actions
The
following areas for follow-up action were identified:
1)Ballast
water: American delegates will examine U.S. Senator Begich’s bill on the topic.
2)Keystone
XL pipeline proposal: Canadian delegates will provide information regarding
reclamation of oil sands areas, as well as other environmental statistics.
3)Currency
standards and manipulation: American delegates will send information on the
topic of currency manipulation in the context of free trade negotiations.
4)United
States’ COOL requirements: American delegates will consider pursuing a “North
American label” if the World Trade Organization ruling is against the U.S.
position.
5)Intellectual
property rights: Canadian delegates will send information regarding trademarks
in the context of the recent budget implementation bill and will provide
updates as Bill C-8 progresses through the legislative process.
6)Canada–U.S.
border: American delegates will compare pilot projects at the Canada–U.S.
border to those at the Canada–Mexico border.
7)P3s:
American delegates will pursue the idea of a briefing at the Canadian Embassy
or on Capitol Hill to inform members of Congress about Canada’s experiences
with P3s.
Respectfully submitted,
Hon. Janis G. Johnson, Senator, Co-Chair
Canada–United States
Inter-Parliamentary Group
Gord Brown, M.P.,
Co-Chair
Canada–United States
Inter-Parliamentary Group