Preamble: There are currently many hundreds of technical barriers to trade around the world, many in countries with which Canada has free trade agreements. Many of these technical barriers hold products exported from Canada to higher testing standards than domestic products and are not based on sound science. In many instances countries are attempting to provide support and protection to their domestic businesses through the general thickening of borders with arbitrary technical import requirements. 

Resolution: That when negotiating all new Canadian trade agreements, the Federal Government ensure Canadian trade negotiators include provisions:

• to enforce reasonable prior notice when technical trade barriers are to be raised by the importing country, and
• for formal dispute resolution processes that are capable of rapidly resolving technical issues and removing technical barriers to trade. 

Resolution Report:  

The Manitoba Chambers of Commerce produces Resolution reports as part of its commitment to be accountable to its members. The reports are updated as matters unfold and have two components:

MCC Advocacy: Specific activities the MCC has done to help make this Resolution a reality. 

Developments:  All other information (e.g. government action, media coverage, reports) that relates to Resolution. 

Advice, comments, and information sharing are welcome; simply enter a reply at the bottom of this post.

MCC Advocacy: 

May 11, 2010: The 2010-2011 Resolutions were posted on the MCC website, listed as part of a comprehensive Report on AGM 2010 and then notice of this story was circulated through the MCC E-Update is sent to all MCC members, Media and Government.

June 16, 2010: Resolution books were sent to every MLA and every Member of Parliament that hails from Manitoba. The following had this Resolution specifically drawn to their attention with a detailed letter setting out the background to this issue, Government initiatives (where applicable), and an argument for the Resolution:

• The Premier
• The Minister Agriculture, Food and Rural Initiatives
• The Minister of  Entrepreneurship, Training and Trade
• The Federal Minister of Agriculture
• The Federal Minister of State (Agriculture)
• The Federal Minister of International Trade
• The Federal Minister of Foreign Affairs

Developments:

July 14, 2010: The Minster of Entrepreneurship, Training and Trade wrote to the MCC on this issue as follows:

“On the subject of Technical Barriers to Trade, the Governments of Canada and Manitoba stand together on reducing Technical Barriers to Trade, particularly in the areas of transparency and the use of international standards. Canada also advocates the creation of a mechanism to address specific trade barrier issues as they arise, which we are in full support.”

July 20, 2010: The Honourable Gerry Ritz, Minister of Agriculture and Agri-Food and Minister for the Canadian Wheat Board, replied to the Manitoba Chambers of Commerce in relation to this issue.

Here is the Minister’s response: 

Please be assured that the Government of Canada shares The Manitoba Chambers of Commerce’s concerns about technical barriers to trade, including the need for having prior notification of measures that could impact trade and for effective dispute resolution processes as we recognize that technical barriers to trade may be used inappropriately. Indeed, when we become aware of an inappropriate technical barrier to trade, my officials work with Canadian stakeholders, other government departments and officials from other countries to resolve these matters as quickly as possible. 

As part of the efforts to resolve trade irritants and ensure market access, when negotiating free trade agreements, the Government strives to ensure that there are adequate provisions covering the use of technical barriers to trade, including provisions to ensure transparent processes and dispute resolution systems. 

For example, when negotiating free trade agreements, the Government seeks to ensure that there are obligations to implement transparent measures, including provisions to ensure timely notification of new regulatory requirements that could impact trade. We also seek to implement systems to address trade barriers as they arise through the use of technical trade committees, regulatory co-operation mechanisms or, in certain cases, the inclusion of formal dispute mechanisms along the lines of the dispute resolution system under the World Trade Organization.        

If you have any further questions regarding Canada’s agriculture and agri-food trade negotiations, please do not hesitate to contact Mr. Gilles Gauthier, Director General and Chief Agriculture Negotiator, Agriculture and Agri-Food Canada. He may be reached by telephone at 613-773-0985 or by email at gilles.gautheir@agr.gc.ca.

August 26, 2010 :  On a related note:

“The price of admission to the Trans-Pacific Partnership trade talks is to put agriculture on the table – and that’s a card we don’t want to play.”

So says Lawrence Herman in “Canada and the Pacific: We dither while the world moves on” in the Globe and Mail, August 26, 2010 :  http://www.theglobeandmail.com/news/opinions/canada-and-the-pacific-we-dither-while-the-world-moves-on/article1685361/?cmpid=rss1

August 18, 2010: The Honourable Stan Struthers; Minister of Agriculture, Food and Rural Initiatives; wrote to the Manitoba Chambers of Commerce on this issue, advising as follows:

“Regarding Technical Barriers to Trade (TBT), our government recognizes the need to address technical barriers to trade if Manitoba is to achieve real market access for its exported products in bilateral trade agreements such as Canada EU Trade Agreement (CETA). Manitoba continues to press federal negotiators to ensure that TBT issues are fully addressed in all bilateral negotiations. 

Specifically, federal negotiators are pushing for timelines, transparency, equivalency, and/or harmonization of standards and a dispute mechanism under the bilateral agreement with the European Union recognizing fully the economic impacts of technical barriers to trade.

 The World Trade Organization (WTO) Agreement contains specific chapters that provide multilateral rules with respect to food safety and animal plant health and safety with product standards. Manitoba and Canada monitor the activities of our trading partners to ensure they are complying with WTO requirements. Canada is currently utilizing provisions of the WTO dispute mechanism with respect to violations of the TBT and Sanitary/Phytosanitary (SPS) chapters of the WTO Agreement. 

These include WTO panels involving Canada and Korea over Korea’s Canadian beef restrictions as well as Canada and the United States over the United States Country of Origin Labeling restrictions. It should be noted that the TBT and SPS chapters are not part of the current Doha Round of WTO negotiations.” 

September 23, 2010:  The Honourable Peter Van Loan, Minister of International Trade,  wrote to the MCC in relation to this matter.

Click here to access the letter.