Bill C-57

Canada-Ukraine Free Trade Agreement Implementation Act, 2023

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.

Canada-Ukraine Free Trade Agreement Implementation Act, 2023

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Madam Speaker, I did not hear a question there, so I will take it as a comment. I will simply emphasize and close my remarks with this: In 2014, a year after the process started with the initial free trade agreement, Stephen Harper led the world in a show of strength when he stood face to face with a dictator and despot, telling Vladimir Putin to “get out of Ukraine.” That is the leadership the Conservatives have shown continually and the leadership we will continue to show when the member for Carleton is prime minister.

The House resumed from October 23 consideration of the motion that Bill C-57, Canada-Ukraine Free Trade Agreement Implementation Act, 2023, be read the second time and referred to a committee.

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, as members know, free trade is very close and dear to my heart.

I want to ask the member about his own Ukrainian community, the diaspora that is gathered within his community and why they would feel that this agreement is really important to Canada. I would welcome his thoughts on that.

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Mr. Speaker, I note the work my colleague from Abbotsford did in making sure that, under the previous Conservative governments, there were, I believe, 43 trade agreements with different countries from around—

[Ed Fast, Conservative, Abbotsford, BC]

There were 47.

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Mr. Speaker, my apologies, there were 47.

That member has probably forgotten more about trade than most Liberals will ever know, but he asked an important question concerning the Ukrainian diaspora within my community. As is the case for many rural prairie MPs, there are significant Ukrainian roots. The Ukrainian Cultural Heritage Village, which is a great place to visit for families, is located just north of my constituency. It speaks to that richness, especially when it comes to those roots in agriculture.

We need to make sure that we take seriously the fact that we established, in 2013, the first Ukrainian free trade agreement, and now we have the opportunity to build on that. I want to emphasize that we have to get it right. It is before this House. We need to make sure that it goes through the process to ensure that every section and every subsection of this bill are done right for the Ukrainian diaspora in our country, for all Canadians and for a country that is facing incredible circumstances. It has shown itself to be able to stand strong against this unjustified and illegal Russian invasion.

For both sides, we need to make sure that we get it right. That is why I hope all members of this place take seriously the responsibility that is incumbent upon all of us to ensure that that happens.

[Dan Muys, Conservative, Flamborough—Glanbrook, ON]

Mr. Speaker, liquefied natural gas is a great opportunity for Canada. There are currently 18 LNG products on the desk of the Prime Minister awaiting approval. If we look at the current situation in Ukraine, reducing reliance on Russian natural gas is something obvious we could do to help. Canada has this great opportunity.

Maybe my colleague could expand a bit on that in the context of the free trade agreement.

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Mr. Speaker, I appreciate this being asked by an Ontario MP as it emphasizes to all Albertans that the question of energy security is not unique to the west or Alberta. It is truly is a national issue.

To directly answer my colleague from Ontario's question, it is an international issue as well. Canada has the opportunity to ensure that we displace Russian crude oil and gas, that dictator and despot's crude oil and natural gas. Specifically, when it comes to LNG, we have the ability to make sure that dollars are not going to dictators, such as the tyrant Vladimir Putin, who is engaged in this illegal invasion of the sovereign country of Ukraine. The very people he is forcing to fight against that aggression are being forced to purchase natural gas that funds that very war machine. Canada is the solution to ensure that we have energy security for our allies and friends around the world. When that happens, our world becomes a safer place.

The regrettable reality is that, after eight years of the Liberal Prime Minister, we have seen the world become less safe because of his refusal to allow Canadian energy, and the expertise that comes along with it, to make our world a safer place. Let us get that done.

[Wilson Miao, Liberal, Richmond Centre, BC]

Mr. Speaker, it is always a great pleasure to rise in the House. Today, we are talking about support for this important legislation and implementing the modernized Canada-Ukraine free trade agreement.

As we all know, since Russia's illegal invasion of Ukraine’s territory, Canada has demonstrated an unwavering support for Ukraine’s sovereignty and independence. Today, we have another opportunity to demonstrate support to Ukraine with the implementation of a modernized CUFTA.

When I met with people from the Ukrainian community in Richmond Centre, they shared with me their support for our government’s vision of a democratically strong nation that values the importance of international collaboration, the rule of law, and global peace and security. I also want to take a moment to convey my appreciation to Ukrainian community organizations, such as the Ukrainian Community Society of Ivan Franko in Richmond Centre, for all they do in supporting the Ukrainian community here in Canada and promoting Ukrainian arts and culture.

Canada and Ukraine share these values and, most importantly, the people-to-people ties. On December 2, 1991, Canada became the first western nation to recognize Ukraine’s independence, and today Canada will stand with Ukraine and its people for as long as it takes. When our allies need support, the Government of Canada has the responsibility to support them. I appreciate and am thankful for the Government of Canada’s support for Ukraine since the war began. Canada has provided over $8 billion toward financial, military, humanitarian, development and immigration assistance for Ukraine.

Recently, the Government of Canada announced a new investment of $650 million over three years to supply Ukraine with 50 armoured vehicles, including armoured medical evacuation vehicles, built by Canadian workers in London, Ontario. The Russian illegal invasion affects global inflation, and it affects us. It increases food prices and affects the supply chain. Global peace and security are an essential part of our global economic prosperity.

By modernizing the Canada-Ukraine free trade agreement, we can provide the additional assistance that Ukraine needs with its reconstruction efforts, the cost of which the World Bank has estimated will be $411 billion U.S. These efforts will involve sectors such as infrastructure, renewable resources and financial services, which are all areas in which Canada has strengths.

Canadian firms have already indicated an interest in launching and expanding their operations in Ukraine, including with respect to reconstruction, and we would have a tool to support their involvement. I am referring to the newly added investment chapter, previously missing from the 2017 CUFTA. As you may be aware, Canada and Ukraine have an existing foreign investment promotion and protection agreement, which was signed in 1994. However, this new modernized investment chapter would not only bring this new agreement in line with Canada's model comprehensive FTAs, but would also update our investment protections to address modern investment issues and concerns.

Please allow me to briefly present this new investment chapter, which resulted from our efforts in negotiating the modernized CUFTA and which will support Canadian firms' participation in Ukraine’s reconstruction efforts. The CUFTA investment chapter modernizes the framework of protections for investors and their investments with a comprehensive set of obligations in line with Canada's most ambitious trade agreements. I am also proud to announce that this investment chapter is the first to be negotiated using Canada’s most recent model, which seeks to better ensure that investment obligations act as intended and that they provide the necessary policy flexibility for governments to act in the public interest.

As such, this new drafting for the investment chapter would allow Canada and Ukraine to maintain their right to regulate in key areas, such as environment, health, safety, indigenous rights, gender equality and cultural diversity. Additionally, this new chapter includes a modern dispute settlement mechanism, which would offer strengthened alternatives to avoid arbitration, as well as enhanced transparency of proceedings commitments. In all, these outcomes represent a significant improvement over the 1994 FIPA with Ukraine, which this chapter would replace, and would strengthen the environment within which Canadian investors can invest with more confidence in Ukraine’s reconstruction.

I am thankful for this opportunity to describe what we can achieve on investment through the modernization of the Canada-Ukraine free trade agreement. I hope I have made clear why this modern and comprehensive free trade agreement would be instrumental in not only in building our long-term commercial relations with Ukraine but also supporting its forthcoming reconstruction efforts.

To this end, I urge all honourable members to support Bill C-57 and allow us to collectively move forward to implement the Canada-Ukraine free trade agreement on a timely basis.

Once again, Canada will stand with Ukraine and its people as long as it takes. Slava Ukraini.

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, one of the major challenges facing Ukraine is energy security. Ukraine formerly depended on Russia for its natural gas supplies, and of course that opportunity has quickly evaporated.

Canada stands in a perfect position to sell natural gas to Ukraine. Unfortunately, our current government has been very reluctant to promote the sale of liquefied natural gas to the rest of the world, claiming that there is no business case to be made for it. However, now we have an opportunity within the Canada-Ukraine free trade agreement to perhaps find a way of getting our natural gas to Ukraine and providing them with energy security. What component of this agreement, if any, would expedite and assist Canadian companies to export liquefied natural gas to Ukraine?

[Wilson Miao, Liberal, Richmond Centre, BC]

Mr. Speaker, I agree with the hon. member. Prior to this free trade agreement, we never expected for Ukraine to be illegally invaded by Russia.

The importance of energy is something we all should be concerned about, especially when we have these resources available here in Canada. It is important for us to continue to support Ukraine, especially with its reconstruction. Hopefully, we will see the war end soon. As people are suffering on the ground, it is important for us, as a government, to look into potential resources to assist the efforts of fuelling the energy needs of Ukraine.

[Julie Vignola, Bloc, Beauport—Limoilou, QC]

Mr. Speaker, my question is quite simple. When it comes to international agreements, Quebec and the Canadian provinces are rarely consulted, if at all. I would like to know if my colleague knows whether this agreement has any impact on the constitutional jurisdictions of Quebec and the Canadian provinces.

If so, were Quebec and the provinces consulted on these provisions?

[Wilson Miao, Liberal, Richmond Centre, BC]

Mr. Speaker, as we move forward with the second reading, and as this bill is discussed at the Standing Committee on International Trade, I encourage the member to suggest any witnesses who should testify during the standing committee's meetings. It is important for us to understand that this free trade agreement is not specific to any province or territory, but to our nation as a whole.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, this legislation was tabled in the House last week on October 17. I am hoping the member can enlighten me, because the government's own policy requires that before the tabling of legislation, 21 sitting days have to expire so that members of Parliament can take a look at the agreement before any enabling legislation is brought in. We did not have that presented to members of Parliament. We also do not have an economic statement.

The government has attached a lot of importance to Bill C-56, so I am just wondering why the government did not take the time to do those two key priorities. We have plenty of time to consider this legislation. Instead, maybe we should devote the House's time to Bill C-56, which the government often likes to complain is not moving ahead.

[Wilson Miao, Liberal, Richmond Centre, BC]

Mr. Speaker, I believe this agreement was signed in September. Of course, this is the time that we take the opportunity to hear from all sides to see the potential of this free trade agreement and if there is any room to improve it. It would be great if we can bring it forward to the standing committee and discuss it there.