Canada-Ukraine Free Trade Agreement Implementation Act, 2023

An Act to implement the 2023 Free Trade Agreement between Canada and Ukraine

Sponsor

Mary Ng  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Feb. 6, 2024 Passed 3rd reading and adoption of Bill C-57, An Act to implement the 2023 Free Trade Agreement between Canada and Ukraine
Feb. 5, 2024 Failed Bill C-57, An Act to implement the 2023 Free Trade Agreement between Canada and Ukraine (recommittal to a committee)
Dec. 12, 2023 Passed Concurrence at report stage of Bill C-57, An Act to implement the 2023 Free Trade Agreement between Canada and Ukraine
Nov. 21, 2023 Passed 2nd reading of Bill C-57, An Act to implement the 2023 Free Trade Agreement between Canada and Ukraine

Canada-Ukraine Free Trade Agreement Implementation Act, 2023Government Orders

October 23rd, 2023 / 6:15 p.m.
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Conservative

John Barlow Conservative Foothills, AB

Madam Speaker, I do believe there are great opportunities with a free trade agreement with Ukraine, whether that is with agriculture, manufacturing or cybersecurity. Certainly, we could learn some valuable lessons from our NATO allies and what is going on in Ukraine.

However, forgive me if I just have some hesitancy to trust the Liberals on what new chapters and what new details are going to be in this trade agreement, unless we have the time to review it.

That is my only caution to the Liberal government. Do not rush this through. Give parliamentarians and our stakeholders an opportunity to thoroughly review this agreement, to make sure it benefits both parties. The devil is in the details.

Canada-Ukraine Free Trade Agreement Implementation Act, 2023Government Orders

October 23rd, 2023 / 6:15 p.m.
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Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

Madam Speaker, it is indeed an honour to rise today to speak to Bill C-57. As I think everyone in this place knows, I have been unequivocal in my support for Ukraine, and that will never cease, not only because I am proud of my Ukrainian heritage, but also because Ukraine is in a battle for its life and its very existence.

For 607 days, we have watched on TV, in real time, Russia's illegal invasion. For 607 days, we have watched the barbaric acts of the Russian military. For 607 days, we have watched how Russian soldiers have used sexual violence as a weapon as they raped women and children. For 607 days, we have watched Putin trying to Russify Ukraine and commit another genocide on the soil of Ukraine against the ethnic Ukrainian people. He is trying to emulate exactly what we saw from Joseph Stalin in 1932 and 1933 in the Holodomor, except Putin is being more upfront and aggressive in his mannerisms. For 607 days, we have witnessed Putin and his kleptocrats in the Kremlin refuse to recognize Ukraine as a nation and the people of Ukraine as a people.

However, during those 607 days, we have witnessed, against all odds, the people of Ukraine standing up and fighting back. We have witnessed the valour, courage and bravery of the Ukrainian soldiers as they have fought to hold the line. We have witnessed, for 607 days, the resiliency of the people of Ukraine not only in fighting back, but also in continuing their lives and continuing to rebuild. After every missile strike, they rebuild. For 607 days, I do not think Putin anticipated that he would unite NATO and our allies to support Ukraine unequivocally in its fight for its freedom against Putin and his Kremlin kleptocrats.

It is incumbent upon all of us in the House and upon our allies to hold Vladimir Putin and his proxies to account for their war crimes in Ukraine. They have to be brought before the International Criminal Court and the International Court of Justice. We know for a fact that Russia has been using sexual violence as a weapon. We know for a fact that it has kidnapped children and families from areas they currently occupy, taken those children, put them up for adoption and are now reprogramming them, or brainwashing them, to be Russian.

This is part of Raphäel Lemkin's definition within the United Nations declaration on genocide. A genocide is when someone is targeting a people based upon their race, ethnicity or religion or when they are going over there, taking people away, replacing them with their own people, taking the children and brainwashing them to become someone they are not.

As Conservatives, we have been very strong in our support for the people of Ukraine. It goes right back to when we were government under Stephen Harper, when the first occupation of Crimea started in 2015 and before that when the revolution of dignity started first on the streets in November 2014. In February 2015, we saw the actions of the illegal occupation and invasion of Crimea, and then war broke out in Donetsk and Luhansk in the Donbas region of Ukraine, and Canada was one of the very first ones in, making sure we were providing military support. We started Operation UNIFIER and started pushing for Ukraine to be included as a member of NATO. That was all done under Stephen Harper and our Conservative government. It is something that I am incredibly proud of.

Since 2018, in opposition, we have been calling on the government to do more to help Ukraine. We asked the government to start sending over weapons, which we were originally going to send to help the Kurdish Peshmerga, the rifles, snipers rifles and ammunition, to Ukraine, so that it would be prepared in case a hot conflict broke out, as we witnessed in February 2022.

We asked the government to start providing RADARSAT images, which did begin under Stephen Harper, but then, of course, that was cancelled under Stéphane Dion when he was foreign affairs minister under the current Liberal government. Only recently, after the hot war broke out in 2022, the Liberals again reinstated providing those RADARSAT images so Ukrainians could see what was happening on their ground by Russian invaders.

We have been calling, since early last year, to donate our surplus armoured vehicles: our Coyote and Bison LAVs, our light-armoured vehicles; our track LAVs; and our M113s that are all destined to go to the trash heap. The Liberals under this Prime Minister want to send them to the scrap pile. Ukraine can use them to save lives as well as to liberate parts of Ukraine that are currently occupied by the Russian invaders.

We know for a fact that we saw the United States and Australia donate their M113s, and that helped liberate Kharkiv. We should be doing the same thing here because these vehicles are otherwise just going to be decommissioned and torn up and sent off to be melted down. We have a company in London, Ontario by the name of Armatec, which is prepared to take those vehicles, refurbish them and send them to Ukraine to make a serious difference in this war. We have GDLS in London that is already building armoured vehicles for Ukraine but at much slower rates than we would see if we were donating our older vehicles that are being decommissioned.

With respect to the free trade agreement, I will just reiterate what my colleague from Foothills just said, which is that we support free trade. We are a party of free trade and we are going to take our time to read through this very large document. However, I was in Ukraine just in August and I can say that the Ukrainians want to do trade with us. They want us to invest. I met with the Minister for Strategic Industries and he was talking about how they need Canada to go in and invest in industries that will not only support our economy but also could possibly support our war efforts as well, so those opportunities exist.

As someone with an agriculture background, I understand how important it is for us to be able to help Ukraine in its agriculture industries and the infrastructure Ukrainians need to get their commodities to market, especially with Russia bombing out their port facilities in the Black Sea region. Therefore, we need to help them with logistics, with infrastructure and as well with what we can pass on in agriculture production technology.

We know that through trade of things like LNG and ethical oil that we produce here in Canada, it would displace the Russian oil that right now Ukraine and our European allies are dependent upon. We are going into another winter in Ukraine and, again, Ukrainians have to continue to use the very natural gas, to heat their homes and their buildings, from the dictator Putin and his tyrants that he associates with, and make use of his energy, which actually puts cash in his pocket to fuel his war machine against Ukraine. We cannot have that happen.

Something that we need to do here in support of Ukraine is actually start building some things Ukraine is calling for. Now that war in Israel has broken out with the terrorist attack by Hamas, and the U.S. is now supporting Israel in the exchanges that are taking place, there is going to be even more need for Canada to provide munitions to Ukraine. Our production of 155 shells for the M777 Howitzers is abysmal. We are producing only around 2,000 rounds a month. We need to replenish our own stocks; plus, we need to make sure that we are providing munitions to Ukraine so that it can continue on with its attacks. Ukraine goes through 2,000 shells in a day and we are producing only that in one month, so we have to step up our production to help Ukraine.

We already donated eight Leopard tanks to Ukraine. We should donate more Leopard tanks. However, at the same time, what about buying some new Leopard tanks for our Canadian Armed Forces? Whatever we are going to be giving to Ukraine, we have to make sure that we replace those, like the M777 Howitzers, in our own Canadian Armed Forces so that we are prepared. Of course, morale continues to suffer under the current Liberals. The troops are leaving in record numbers. We are 16,000 members short. We have a recruiting and retention crisis because of the policies of the current Liberal government.

In conclusion, I will just say this: We all continue to pray for peace in Ukraine, but we know that the only way that is possible is that Ukraine must win. It must be victorious. Canada must continue to support it. Slava Ukraini.

Canada-Ukraine Free Trade Agreement Implementation Act, 2023Government Orders

October 23rd, 2023 / 6:25 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I would like to reflect on the power of trade and trade agreements.

Back in 2013, as the member across the way would recall, the EU trade agreement and the desire of Ukrainian people's to have more trade with the EU, ultimately led and could be tracked to what is happening today in Ukraine and Russia. This is from my perspective and, I suspect, from many people's perspectives. Russia continues to want to dominate the sovereign nation of Ukraine.

Today we have a trade agreement that I suspect everyone would support. At least I would hope that everyone would be supporting it. My question for the member is this: Would he not agree that the power of being able to see this legislation pass, ultimately, even before Christmas, goes far beyond just the economic benefits to both countries?

Canada-Ukraine Free Trade Agreement Implementation Act, 2023Government Orders

October 23rd, 2023 / 6:25 p.m.
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Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

Madam Speaker, once again, I just want to thank the member for Abbotsford, who actually started the free trade talks with Ukraine when he was minister of trade. I was proud to accompany him on one of those trips before we lost government in 2015. He laid the groundwork. This bill, of course, has additional chapters.

One thing is, if it is going beyond trade, then I would recommend it. If we are talking about agriculture, for example, why do we not see a section in here on getting rid of the land mines? We have heard about some horrific accidents happening right now in the south of Ukraine, in the Kherson region. Farmers are out there trying to plant their winter wheat in land that has been taken back from the Russians by the Ukrainian military. The mine density in the fields is ridiculous. It is very dangerous out there.

We need to be putting more effort into helping Ukraine demine those areas. However, before they can even demine them, they actually have to push the Russian invaders back so they could have control of those lands without being fearful of being bombed while they are out there trying to remove those mines.

Canada-Ukraine Free Trade Agreement Implementation Act, 2023Government Orders

October 23rd, 2023 / 6:25 p.m.
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Conservative

Anna Roberts Conservative King—Vaughan, ON

Madam Speaker, as I listened to my colleague's speech, it detailed a very important issue. We heard that the Liberal government is going to cut $1 billion from our military. My question for him is this: How can we continue to support these efforts without those funds?

Canada-Ukraine Free Trade Agreement Implementation Act, 2023Government Orders

October 23rd, 2023 / 6:25 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I made an error. I should not have recognized the member, because she is not sitting in her seat to ask the question.

I want to remind members that they should be in their seats. We are not under the previous rules.

Canada-Ukraine Free Trade Agreement Implementation Act, 2023Government Orders

October 23rd, 2023 / 6:25 p.m.
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Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

Madam Speaker, this is an issue that we really have to be concerned about.

The Liberals have already allowed over $10 billion of the national defence budget to lapse over the last several years. This is money that should have been spent on our armed forces and has not been. Our troops are dealing with a number of crises right now within the forces, including the cost of living and housing. We hear stories about them actually going out and asking for donations to help offset those costs.

We know that the $1 billion that is coming out now is coming at the wrong time. As I mentioned in my speech, we have donated howitzers, Leopard tanks and armoured vehicles to Ukraine. However, every time we donate, we also have to replenish our own stock of munitions and equipment to make sure that our army, air force and navy are mobile and expeditionary and can do the job that we call upon them to do from time to time.

The world, as we are witnessing, is getting scarier all the time. If we do not have strong Canadian Armed Forces, they are not going to be able to guarantee our peace, security and way of life right here in Canada.

Canada-Ukraine Free Trade Agreement Implementation Act, 2023Government Orders

October 23rd, 2023 / 6:30 p.m.
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NDP

Bonita Zarrillo NDP Port Moody—Coquitlam, BC

Madam Speaker, I want to ask the member about the economic impact assessments of free trade agreements and how wide or narrow those assessments should be. What does the member think about the fact that an economic impact assessment is missing in this case?

Canada-Ukraine Free Trade Agreement Implementation Act, 2023Government Orders

October 23rd, 2023 / 6:30 p.m.
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Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

Madam Speaker, this is one of the reasons that we should not be rushing through this free trade agreement.

We need to take the time to look at it and study it. We just had it presented to us over the last few days. It needs to go to committee to allow stakeholders to comment on it. We need to make sure that such things as the economic impacts and environmental assessments are thoroughly debated to see whether they are in the interest of both Canadian exporters and Ukrainian importers, and vice versa.

Canada-Ukraine Free Trade Agreement Implementation Act, 2023Government Orders

October 23rd, 2023 / 6:30 p.m.
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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, as always, it is an honour to rise and debate the issues that are so important to my constituents and Canadians from coast to coast.

I will be splitting my time.

We are debating Bill C-57, the implementation of the Canada-Ukraine free trade agreement. It is a behemoth of a bill, more than 600 pages. The reason I bring this up is because I want to provide a little context. The Liberals' track record is that they stand in this place and say they have to pass something without delay or debate and anything that even resembles us doing our jobs in this place would be considered obstructionist. Those are things that the Liberals level often against members of His Majesty's loyal opposition, yet it is our duty to make sure that we comprehensively debate and discuss the issues that come before this place.

This is, indeed, the case when it comes to a 600-or-so page bill that has far-reaching implications, not only for us and our national economy, but also for one of our allies. I would emphasize how important this is for the economic success of Ukraine right now, which is facing something that most Canadians who have grown up in Canada have not faced, and that is conflict at home. Although Canada has about 1.3 or 1.4 million Canadians of Ukrainian descent, the fact is that Ukraine right now is embroiled in a conflict where Russia illegally invaded Ukraine sovereignty, so we have to get this right.

So often over the last four years I have had the honour of sitting in this place when the Liberals are quick to point to anything that would question any part of anything they do. That is pretty broadly speaking, but it rings very true. I am sure my colleagues would agree with me that when we try to do our jobs, they claim it is simply obstruction.

I remember in this place, shortly after I was elected, having to deal with the updated NAFTA, the CUSMA. The Liberal government, instead of releasing comprehensive numbers about the impact of the new trade agreement and some of the factors that would be in place, came with great gusto to a press conference and said that we either do not pass the CUSMA and there is economic devastation or we do pass it and we are okay. It did not outline the myriad of details that were included in what is an incredibly complex thing, and that is international trade negotiations.

When it comes to trade, it is the Conservative Party that has such a tremendous track record. It is the framework and the agreement that this trade agreement is replacing or being built upon, which is a better way to put it, that was started by the previous Conservative government under Prime Minister Stephen Harper and the international leadership that he showed in building free and fair trade with nations around the world. There have been numerous times, including CETA, where the Liberals almost dropped the ball. Virtually all that had to be done was for the agreement to be signed, yet the Liberals almost dropped the ball, which would have wrought economic devastation.

Then we saw more recently the Canada-United Kingdom Free Trade Agreement. The Liberals claimed victory, yet it seems like they forgot to attend the briefings and certainly did not speak to many stakeholders when concerns should have been addressed in the process of trade negotiations. It is a shame, because it is during the negotiations process, when the details are being worked out and the 600 pages are being written, when there is a back and forth, a give and take, in trade negotiations.

I would just note that when I listened to my colleague from Abbotsford, he has probably forgotten more about free trade than most Liberals will ever know. I do not have the number off the top of my head, but there were negotiations with dozens and dozens of countries with which Canada has a positive, free and fair trading relationship because of his work and the work of the previous Conservative government.

Canada-Ukraine Free Trade Agreement Implementation Act, 2023Government Orders

October 23rd, 2023 / 6:30 p.m.
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An hon. member

There are 43.

Canada-Ukraine Free Trade Agreement Implementation Act, 2023Government Orders

October 23rd, 2023 / 6:30 p.m.
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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, there are 43. It is so impressive that is the legacy of Canada's Conservatives.

We have before us a bill that addresses a host of things, but I would highlight a couple of concerns that have been highlighted to me.

One has to do with some of Canada's protected sectors, including chicken. I know that over the course of the conflict in Ukraine, we need to make sure the concerns of our domestic industries are being noted. It is unclear to me whether these concerns have been addressed.

Some of the other concerns could be of great benefit to both countries, like making sure that our defence infrastructures are brought into alignment and ensuring that we support Ukraine with the weapons and materials that it has to have in order to repel the illegal Russian invasion. There is also ensuring that the tools required for Ukrainian producers, and farmers specifically, are there. I often refer to the breadbasket of North America, which is part of the area that I represent, but many in this place will have learned in their high school textbooks about the breadbasket of Europe, Ukraine, and the rich legacy it has in being able to produce high-quality agricultural goods, many of which have been put at risk because of Russia's illegal invasion.

We need to ensure that when we are negotiating free trade deals, including when it is with an ally facing circumstances like Ukraine is today, we are doing everything we can to ensure we get them right. Specifically, one segment here is so important that it cannot be emphasized enough, and that is the role that energy plays. I will make something very clear: Canadian energy, with the role it plays when prioritized, when promoted and when given the opportunity to displace dictator crude and despot gas, makes the world safer.

The unfortunate legacy of the last eight years under this costly Prime Minister and his coalition partners is that Canada has been restricted from being the peacemaker we should be. When it comes to any conversation around free trade, the more we can prioritize Canadian energy to be the common-sense displacement globally of dictator and despot crude and gas, the better our world is for it. Unfortunately, we have a legacy under the Liberal Prime Minister and his coalition partners that has been truly devastating to world peace.

Now, some might say that is a bit extreme, but when we look at the facts, we have a country facing war, Ukraine, which we are talking about now in terms of free trade, and its people are forced to purchase the very gas required to heat their homes and the very fuel required to fuel their vehicles and tanks. In some ways, they are forced to purchase it from none other than their aggressor. That is a shame, and it should be a moral imperative for every single one of us in this place to stand with Ukraine. That includes standing with Canadian energy so that we can get it to market and ensure that we displace the foreign dictator crude and despot gas that have been funding Putin's war machine. The best way to ensure there is peace and security is making sure there is energy security globally. That contributes to food security, and food security contributes directly to peace and security.

It is unfortunate that it is only the Conservatives who seem to see that reality here in our country. I can tell members that when it comes to making sure that Canada has free and fair trade agreements going forward, it will be a new Conservative prime minister, the member for Carleton, who will make sure that it is prioritized globally and that Canada can succeed and prosper. By doing so, the entire world will benefit.

When it comes to Bill C-57, there are so many unanswered questions. I would challenge any member from any other political party in this place to make sure they take the time to get it right, because if we get it right, we can help Canada's role in trade, Canada's role in providing energy and Canada's role in providing our expertise. We can be part of the solution. However, if we get it wrong, we could end up making it more difficult for our own people, and we could end up seeing significant challenges.

I look forward to answering questions on this as we continue to support trade and the people of Ukraine. In any discussion that we have in the House, let us make sure to get it right, because if we do not, the consequences will be dire.

Canada-Ukraine Free Trade Agreement Implementation Act, 2023Government Orders

October 23rd, 2023 / 6:40 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

We have time for a brief question. The other questions will be taken the next time this is before the House.

The hon. parliamentary secretary to the government House leader has the floor.

Canada-Ukraine Free Trade Agreement Implementation Act, 2023Government Orders

October 23rd, 2023 / 6:40 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, if one wants to get the Conservatives upset, just tell them the reality that when it comes to trade agreements, the government has signed off on more trade agreements than Stephen Harper did. That is a clear fact of history, yet the member gets all excited about the importance of trade agreements. I agree; we should be excited about them, especially this one, because it is the first time a trade agreement would be expanded upon when one of the countries is at war. There is a great deal of appetite from a wide spectrum of stakeholders to see this legislation pass.

My question to the member is this: He says he wants lots of time to be able to debate this—

Canada-Ukraine Free Trade Agreement Implementation Act, 2023Government Orders

October 23rd, 2023 / 6:40 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I am sorry, but I did say I needed a brief question.

A brief answer from the hon. member for Battle River—Crowfoot.