First Session, Forty-fourth Parliament, 70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023-2024 |
HOUSE OF COMMONS OF CANADA |
An Act to implement the 2023 Free Trade Agreement between Canada and Ukraine
|
AS PASSED
BY THE HOUSE OF COMMONS
February 6, 2024
|
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to implement the 2023 Free Trade Agreement between Canada and Ukraine”.
This enactment implements the Canada–Ukraine Free Trade Agreement, done at Ottawa on September 22, 2023.
Among other things, the enactment
(a) sets out rules of interpretation;
(b) specifies that no recourse is to be taken on the basis of sections 9 to 15 or any order made under those sections, or on the basis of the provisions of that Agreement, without the consent of the Attorney General of Canada;
(c) approves that Agreement;
(d) provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional and administrative aspects of that Agreement;
(e) gives the Governor in Council the power to make orders in accordance with that Agreement;
(f) requires the Minister for International Trade to ensure that Canadian companies operating in Ukraine comply with the principles and guidelines referred to in the Agreement; and
(g) amends certain Acts to give effect to Canada’s obligations under that Agreement.
Finally, the enactment repeals the Canada–Ukraine Free Trade Agreement Implementation Act that was enacted in 2017.
Available on the House of Commons website at the following address:
www.ourcommons.ca
|
Canada–Ukraine Free Trade Agreement Implementation Act, 2023
Definitions
Interpretation consistent with Agreement
Non-application of Act and Agreement to water
Construction
Binding on His Majesty
Purpose
Causes of action under sections 9 to 15
Agreement approved
Canadian representative on Commission
Payment of expenditures
Powers of Minister
Administrative support
Payment of costs
Orders — Article 28.13 of Agreement
Principles and guidelines
Crown Liability and Proceedings Act
Financial Administration Act
Investment Canada Act
Customs Act
Commercial Arbitration Act
Canadian International Trade Tribunal Act
Customs Tariff
Department of Employment and Social Development Act
Repeal
Order in council
1st Session, 44th Parliament, 70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023-2024 |
HOUSE OF COMMONS OF CANADA |
BILL C-57 |
An Act to implement the 2023 Free Trade Agreement between Canada and Ukraine |
His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1 This Act may be cited as the Canada–Ukraine Free Trade Agreement Implementation Act, 2023.
2 The following definitions apply in this Act.
Agreement means the Free Trade Agreement between Canada and Ukraine, done at Ottawa on September 22, 2023. (Accord)
Commission means the Joint Commission continued under paragraph 1 of Article 27.1 of the Agreement. (Commission)
federal law means the whole or any portion of an Act of Parliament or a regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament. (texte législatif fédéral)
Minister means the Minister for International Trade. (ministre)
3 For greater certainty, this Act and any federal law that implements a provision of the Agreement or that allows the Government of Canada to meet an obligation under the Agreement is to be interpreted in a manner consistent with the Agreement.
4 For greater certainty, nothing in this Act or the Agreement applies to natural surface or ground water in liquid, gaseous or solid state.
5 For greater certainty, nothing in this Act, by specific mention or omission, is to be construed to affect in any manner the right of Parliament to enact legislation that implements any provision of the Agreement or that allows the Government of Canada to meet an obligation under the Agreement.
6 This Act is binding on His Majesty in right of Canada.
7 The purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are to
(a) establish a free trade area in accordance with the Agreement;
(b) promote, through the elimination of barriers to trade in goods and services, the expansion of reciprocal trade and the strengthening of economic relations between Canada and Ukraine in order to create opportunities for economic development;
(c) promote conditions of fair competition affecting trade between Canada and Ukraine;
(d) ensure a predictable commercial framework for business planning and investment;
(e) promote high levels of environmental protection, including through effective enforcement of environmental laws, mutually supportive trade and environmental policies and practices, and strengthened environmental cooperation between Canada and Ukraine;
(f) promote sustainable development;
(g) protect, enhance and enforce basic workers’ rights, strengthen cooperation on labour matters and build on the respective international commitments of Canada and Ukraine on labour matters;
(h) recognize that Indigenous Peoples in Canada and Ukraine have the right to economic development and participation in trade and to engage freely in all their traditional and other economic activities;
(i) support the growth and development of micro, small and medium-sized enterprises by enhancing their ability to participate in and benefit from the opportunities created by the Agreement;
(j) facilitate equal access to, and the ability to benefit from, the opportunities created by the Agreement for women and men and support the conditions for women’s full participation in domestic, regional and international trade and investment;
(k) recognize the right of the Parties to the Agreement to preserve, develop and implement their cultural policies for the purpose of strengthening cultural diversity in accordance with the rights and obligations provided for in the Agreement;
(l) encourage enterprises operating within Canada or Ukraine or subject to their jurisdiction to respect internationally recognized corporate social responsibility and responsible business conduct standards and principles and to pursue best practices;
(m) promote transparency, good governance and the rule of law, while strengthening commitments to combat bribery and corruption in trade and investment; and
(n) respect the values and principles of democracy and promote and protect human rights and fundamental freedoms.
8 (1) No person has any cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of sections 9 to 15 or an order made under those sections.
(2) Subject to Section D of Chapter 17 and Article 20.24 of the Agreement, no person has any cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of the Agreement.
9 The Agreement is approved.
10 The Minister is the principal representative of Canada on the Commission.
11 The Government of Canada is to pay its appropriate share of the aggregate of any expenditures incurred by or on behalf of the Commission.
12 (1) The Minister may
(a) subject to subsection (2) and paragraph (3)(a), appoint representatives of Canada to any committee, subcommittee or working group referred to in paragraph 5 of Article 27.1 of the Agreement;
(b) appoint a panellist in accordance with Article 28.8 of the Agreement; and
(c) propose candidates to serve as the chair of a panel, or select the chair, in accordance with Article 28.8 of the Agreement.
(2) The Minister of the Environment may appoint representatives of Canada to the Committee on the Environment continued under paragraph 2 of Article 13.25 of the Agreement.
(3) The Minister of Labour may
(a) appoint representatives of Canada to the Labour Council established under paragraph 1 of Article 14.10 of the Agreement; and
(b) designate a National Administrative Office in accordance with paragraph 1 of Article 14.11 of the Agreement.
13 The Minister is to designate an agency, division or branch of the Government of Canada to facilitate the operation of Chapter 28 of the Agreement and to provide administrative assistance to panels established under that Chapter.
14 The Government of Canada is to pay the costs of or its appropriate share of the costs of
(a) the remuneration and expenses payable to members of panels, committees, subcommittees, working groups, expert groups and other bodies, to independent experts and to the assistants of panel members; and
(b) the general expenses incurred by panels, committees, subcommittees, working groups, expert groups and other bodies.
15 (1) The Governor in Council may, for the purpose of suspending benefits in accordance with Article 28.13 of the Agreement, by order, do any of the following:
(a) suspend rights or privileges granted by Canada to Ukraine or to goods, service suppliers, investors or investments of investors of Ukraine under the Agreement or any federal law;
(b) modify or suspend the application of any federal law, with respect to Ukraine or to goods, service suppliers, investors or investments of investors of Ukraine;
(c) extend the application of any federal law to Ukraine or to goods, service suppliers, investors or investments of investors of Ukraine;
(d) take any other measure that the Governor in Council considers necessary.
(2) Unless repealed, an order made under subsection (1) has effect for the period specified in the order.
15.1 (1) The Minister must ensure that Canadian companies operating in Ukraine comply with the principles and guidelines referred to in article 15.14 of the Agreement.
(2) The Minister must establish a process for receiving and responding to complaints of non-compliance with those principles and guidelines.
(3) On or before January 1st of each year starting in 2025, the Minister must prepare a report that summarizes activities carried out in relation to the Minister’s obligations under this section.
(4) The Minister must table a copy of the report in each House of Parliament on any of the first 30 days on which that House is sitting after the report is completed.
R.S., c. C-50; 1990, c. 8, s. 21
Chapter 13 of the Free Trade Agreement between Canada and Ukraine, done at Kyiv on July 11, 2016, as amended from time to time in accordance with Article 19.3 of that Agreement.
R.S., c. F-11
R.S., c. 28 (1st Supp.)
R.S., c. 1 (2nd Supp.)
CUFTA has the meaning assigned by the definition Agreement in section 2 of the Canada–Ukraine Free Trade Agreement Implementation Act, 2023; (ALÉCU)
CUFTA 2017 has the meaning assigned by the definition Agreement in section 2 of the Canada–Ukraine Free Trade Agreement Implementation Act, as it reads immediately before the day on which section 39 of the Canada–Ukraine Free Trade Agreement Implementation, 2023 comes into force; (ALÉCU de 2017)
(a.1) a verification of origin of goods for which preferential tariff treatment under CUFTA 2017 is claimed, by requesting in writing that the customs administration of Ukraine conduct a verification and provide a written report as to whether the goods are originating within the meaning of Chapter 3 of CUFTA 2017;
(a.01) in the case of CUFTA 2017, if Ukraine fails to conduct a verification or provide a written report as to whether the goods are originating;
(a.1) a written report as to whether the goods are originating within the meaning of Chapter 3 of CUFTA 2017;
R.S., c. 17 (2nd Supp.)
R.S., c. 47 (4th Supp.)
1997, c. 36
Canada–Ukraine Free Trade Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–Ukraine Free Trade Agreement Implementation Act, 2023. (Accord de libre-échange Canada–Ukraine)
(b) the exclusive economic zone of Ukraine; and
(c) the continental shelf of Ukraine. (Ukraine)
2005, c. 34; 2013, c. 40, s. 205
Chapter 13 of the Free Trade Agreement between Canada and Ukraine, done at Kyiv on July 11, 2016, as amended from time to time in accordance with Article 19.3 of that Agreement.
40 (1) Subject to subsection (2), this Act comes into force on a day to be fixed by order of the Governor in Council.
(2) Subsections 19(3), 20(2) and (4), 21(2), 22(2), 23(2), 24(2), 25(2) and 26(2) come into force on the sixth anniversary of the day fixed under subsection (1).
Published under authority of the Speaker of the House of Commons
|