Bill C-31 (Historical)

Canada-Ukraine Free Trade Agreement Implementation Act

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

This enactment implements the Free Trade Agreement between Canada and Ukraine, done at Kyiv on July 11, 2016.
The general provisions of the enactment set out rules of interpretation and specify that no recourse may 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 the Agreement, without the consent of the Attorney General of Canada.
Part 1 approves the Agreement, provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional and administrative aspects of the Agreement, and gives the Governor in Council the power to make orders in accordance with the Agreement.
Part 2 amends certain Acts to bring them into conformity with Canada’s obligations under the Agreement.
Part 3 contains coordinating amendments and the coming into force provision.

Immigration, Refugees and Citizenship

[Jenny Kwan, NDP, Vancouver East, BC]

Madam Speaker, the government has been consulting ever since it was elected. In fact, the former minister of immigration said to me that this is wrong, and that the Liberals were going to bring in legislation to change it. Then, of course, nothing happened.

Bill C-31 is anything but just or fair, and the member should know that. There are individuals whom I have come across who travelled back to their country of origin when the country was safe to return to. At the time they went back, they even had authorization from Canadian officials to make the trip, but still, once they came back and applied for their citizenship, they actually had cessation applications brought against them. This is wrong.

If the government wants to get out into the universe and tell the world how we are open and humanitarian in our approach, then the government needs to rescind Bill C-31.

Royal Assent

[The Deputy Speaker, Bruce Stanton]

I have the honour to inform the House that a communication has been received as follows:

June 1, 2017

Mr. Speaker:

I have the honour to inform you that Ms. Patricia Jaton, Deputy Secretary to the Governor General, in her capacity as Deputy of the Governor General, signified royal assent by written declaration to the bill listed in the schedule to this letter on the 1st day of June, 2017, at 11 a.m.

Yours sincerely,

Stephen Wallace

The schedule indicates the bill assented to was Bill C-31, An Act to implement the Free Trade Agreement between Canada and Ukraine.

Resuming debate

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, the debate concerning motion No. 14 is not about having a problem with working until midnight each evening—except, obviously, on topics raised by the opposition. I agree with what the Parliamentary Secretary to the Leader of the Government in the House of Commons said in the House yesterday, that most of us are already working every day on a similar schedule.

In my previous career, I was already used to long hours. When I ran a global business, my European colleagues began calling me at 4 a.m., and my days would often stretch until midnight. This was necessary so I could meet with my employees and people in the plants and businesses in the Pacific region I was responsible for.

As the head of a North American refining and petrochemical company, I realized that maintaining customer relations and meeting deadlines to submit applications made for very long days.

The Liberal government said it wanted to make Parliament more family friendly in order to encourage women to get into politics. I support encouraging more women to get into politics, but I do not believe that many women would choose to work until midnight each evening, away from their kids.

Now, why did this government introduce such a motion, when theoretically it should oppose it?

As I have said, I am not opposed to working long hours. I said earlier today, and will say it again, Einstein was quoted as saying that the definition of insanity was repeating the same action hoping for a different result. The government has not accomplished a lot in the way of legislation. If we think about the 19 bills that have passed versus 52 in the same time frame when the Conservatives were in power, really not much has been accomplished. There is no prioritization of what is coming forward.

I want to take a moment to talk about what has already passed because it shows something important.

So far in Parliament the transparency for first nations has been removed with Bill C-1. Bill C-2 gave back to the middle class $932 a year in taxes and then Bill C-26 increased their CPP payments by $1,100 a year, with no benefit. Bill C-10 gave Air Canada a deal to get maintenance jobs out of Canada and escape a lawsuit. Bill C-14, medically assisted dying, was passed without protecting the rights of conscience. Bill C-17 addressed environmental items for Yukon. Bill C-18 was environmental change for Rouge Park in Toronto. Bill C-30 was a CETA deal that now has to be renegotiated with Brexit happening. Bill C-31 was the trade deal with Ukraine. The rest were all maintenance budget items that needed to be done. That is all we have accomplished in 18 months of the Liberal government's agenda. Everything else is lost in process, being amended in the Senate, and not coming forward.

What is the government going to achieve by making us sit every night until midnight, which, as I said, I am fully willing to do? I really do not think it is getting anywhere. Why is it not getting anywhere? Because it does not listen to the opposition's points of view.

The job of the opposition is to bring reasoned and intelligent arguments on why a government proposal is not good for Canada and to make helpful suggestions about what would make it better.

When bills are sent to committee, the committee's job is to make helpful suggestions and amendments that would make them something all Canadians could embrace. That is really what is happening. The government is not accepting amendments, not listening when the opposition talks, and again and again, when things go to the Senate, the Senate comes up with the same amendments and spends more time studying them, doing exactly the same thing that committees of the House are supposed to do. That is one problem.

Another problem is that there has to be trust when parties work together.

I am going to compare the antics that I see happening here with what I see in the business world. In the business world, people work together. People have to be able to trust one another when they make deals. They have to be able to follow up on things as they said they would.

From what I have seen, the opposition House leaders are trying to work with the government House leader but she is not keeping up her end of what she has agreed to. Every day I watch her stand in the House and misrepresent to Canadians that she just has a discussion paper, when really a motion has been rammed through PROC. I have seen her avoid answering questions that she is accountable to answer.

I would suggest that there has been a huge erosion of trust in the government House leader and sometimes that cannot be fixed in order to restore the ability to work together. The government should really consider changing up that position and coming back to a place where we can work together and trust that agreements that are made, amendments that are suggested, and motions that are brought forward are as agreed. That is really important.

There is another point that I would like to make that has not been discussed much here. I have listened to the debate on Motion No. 14 and I have heard a lot about the blame game. I hear from the Liberals that when Stephen Harper's government was in place, it did this bad thing or that bad thing, or whatever. Honestly, two-thirds of the Parliament are new. Some of us were not here in the previous Parliament. We have an opportunity to do things differently now. If we think something was previously done wrong, we have the opportunity to do it differently in the future.

When items come up in the business climate, not everything needs the same amount of time to be talked about. I have sat in the House and heard Liberal members stand up and say they support such and such a bill and I have heard Conservative members and NDP members stand up and say they do too, and then we talk about it for days.

This is not the way we should be spending our time. If the government had not squandered all of the time in that way, we would have more time and we would not have to sit late. In the same way, there are things that need to be discussed longer that cannot be rammed through, things such as the budget bill that has been combined with the infrastructure bank. When comments come forward, the government needs to lead. It needs to separate those things out so that the things that can be quickly passed get passed on. When I say passed on, I am saying that if we all agree on a bill at first reading and we do not need to change anything, then the legislation should be sent right away to the Senate. Why are we spending time doing second and third reading and committee and everything else? We need to be able to update some of the processes here.

I am not about just criticizing without providing recommendations for how I think we could make this better. Here are my recommendations, which I think the government could use to change some of the things that it is doing and which would result in getting legislation passed through in a better way.

When it comes to the rules of the House, I see an opportunity to modernize those rules but a change would need to honour the tradition of Parliament and have all-party consensus or at least the consensus of a majority of members to change things, because those things influence our democracy and they are important. Doing some of those things would, as the suggestions I have made about passing things we all agree on and everything else, clear the legislative agenda in a way that would move things forward more positively.

I also would reiterate that you have to have someone working with the opposition leaders who can be trusted, and I think that trust is broken.

The other point I would make is about amendments that are brought forward and are agreed to by the opposition members. It is not often that the NDP and the Conservatives play on the same team and sing from the same song sheet. That does not usually happen but lately it has happened a lot. When that happens, it should be a signal to government that this is an amendment that Canadians want to see.

The government needs to say what it is going to do and then it needs to own up to it. Some of the credibility loss that has happened has happened because the government said it was going to do something and then it did not. The government maintained it was going to be open and transparent and then facts have been hidden or things have not been well represented. The government said it was going to be accountable but then every day when we stand up and ask questions we get the shell game. It does not answer our questions, and this would not be acceptable in the business world.

These are some of the things that would help to get the legislative agenda flowing through. As a member of the opposition, I want to see the right things happen for Canada and I am willing to work with the government to see that happen.

Extension of Sitting Hours

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

moved:

That, notwithstanding any Standing Order or usual practice of the House, commencing upon the adoption of this Order and concluding on Friday, June 23, 2017:

(a) on Mondays, Tuesdays, Wednesdays and Thursdays, the ordinary hour of daily adjournment shall be 12:00 a.m., except that it shall be 10:00 p.m. on a day when a debate, pursuant to Standing Order 52 or 53.1, is to take place;

(b) subject to paragraph (e), when a recorded division is demanded in respect of a debatable motion, including any division arising as a consequence of the application of Standing Order 61(2) or Standing Order 78, but not including any division in relation to the Business of Supply or arising as a consequence of an order made pursuant to Standing Order 57, (i) before 2:00 p.m. on a Monday, Tuesday, Wednesday or Thursday, it shall stand deferred until the conclusion of oral questions at that day’s sitting, or (ii) after 2:00 p.m. on a Monday, Tuesday, Wednesday or Thursday, or at any time on a Friday, it shall stand deferred until the conclusion of oral questions at the next sitting day that is not a Friday;

(c) notwithstanding Standing Order 45(6) and paragraph (b) of this Order, no recorded division requested after 2:00 p.m. on Thursday, June 22, 2017, or at any time on Friday, June 23, 2017, shall be deferred, except for any recorded division which, under the Standing Orders, would be deferred to immediately before the time provided for Private Members’ Business on Wednesday, September 20, 2017;

(d) the time provided for Government Orders shall not be extended pursuant to Standing Order 45(7.1) or Standing Order 67.1(2);

(e) when a recorded division, which would have ordinarily been deemed deferred to immediately before the time provided for Private Members’ Business on a Wednesday governed by this Order, is demanded, the said division is deemed to have been deferred until the conclusion of oral questions on the same Wednesday;

(f) any recorded division which, at the time of the adoption of this Order, stands deferred to immediately before the time provided for Private Members’ Business on the Wednesday immediately following the adoption of this Order shall be deemed to stand deferred to the conclusion of oral questions on the same Wednesday;

(g) a recorded division demanded in respect of a motion to concur in a government bill at the report stage pursuant to Standing Order 76.1(9), where the bill has neither been amended nor debated at the report stage, shall be deferred in the manner prescribed by paragraph (b);

(h) for greater certainty, this Order shall not limit the application of Standing Order 45(7);

(i) no dilatory motion may be proposed after 6:30 p.m.;

(j) notwithstanding Standing Orders 81(16)(b) and (c) and 81 (18)(c), proceedings on any opposition motion shall conclude no later than 5:30 p.m. on the sitting day that is designated for that purpose, except on a Monday when they shall conclude at 6:30 p.m. or on a Friday when they shall conclude at 1:30 p.m.; and

(k) when debate on a motion for the concurrence in a report from a standing, standing joint or special committee is adjourned or interrupted, the debate shall again be considered on a day designated by the government, after consultation with the House Leaders of the other parties, but in any case not later than the twentieth sitting day after the interruption.

Mr. Speaker, I rise to speak to government Motion No. 14. For the benefit of members, the motion would extend the sitting of the House until we rise for the summer adjournment.

We have much to accomplish in the coming weeks. Our government has an ambitious legislative agenda that we would like to advance in order to deliver on the commitments we made to Canadians in the last election. Let me reflect on our recent legislative achievements before I turn to the important work that lies before us over the next four weeks.

In our last sitting week, the House and Senate were able to reach agreement on securing passage of Bill C-37, which would put in place important measures to fight the opioid crisis in Canada. I would like to thank members of the House for the thoughtful debate on this bill and for not playing politics with such an important piece of legislation. In particular, I would like to thank members of the New Democratic Party for co-operating with the government to advance this bill when it was in the House and for helping us dispense with amendments from the Senate. This was a high watermark for the House and I hope that we can take this professional and courteous approach forward. I would also like to thank senators for their important contributions to this bill.

I would also like to point out the passage of two crucial bills related to trade. The first, Bill C-30, would implement an historic trade agreement with the European Union. The second, Bill C-31, would implement a trade agreement with Ukraine, a country that is dear to many members.

I am proud that our government continues to open the doors to trade and potential investment in Canada to grow our economy and help build a strong middle class.

In looking forward to the next four sitting weeks, I would like to highlight a few priority bills that our government will seek to advance. I will start with Bill C-44, which would implement budget 2017. This bill is about creating good middle-class jobs today while preparing Canadians for the jobs of tomorrow.

I will provide some examples of the initiatives that will contribute to building a strong middle class. The budget makes smart investments to help adult workers retain or upgrade their skills to adapt to changes in the new economy and to help young people get the skills and work experience they need to start their careers.

The budget also provides for investments in the well-being of Canadians, with the emphasis on mental health, home care, and health care for indigenous peoples.

Bill C-44 would provide financing to the provinces for home care and mental health care. It would also create leave for those who wish to care for a critically ill adult or child in their family. These initiatives help build stronger communities.

I would also like to point to initiatives in the budget that deal with gender equality. The first-ever gender statement will serve as a basis for ongoing, open, and transparent discussions about the role gender plays in policy development. Our government has other initiatives that aim to strengthen gender equality. For example, Bill C-25 encourages federally regulated companies to promote gender parity on boards of directors and to publicly report on the gender balance on these boards.

Another bill, which I will discuss in greater detail later in my remarks, is Bill C-24, a bill that would level the playing field to ensure a one-tier ministry. The bill has a simple premise. It recognizes that a minister is a minister, no matter what portfolio he or she holds.

Our government has committed to legalizing and strictly regulating the production, distribution, sale, and possession of cannabis. I look forward to the debate on this important bill tomorrow. I will note that the bill would provide strong safeguards and deterrents to protect young people from enticements to use or access cannabis.

The government has taken a responsible approach in seeking to legalize cannabis by ensuring that law enforcement agencies have approved methods to test the sobriety of drivers to guard against cannabis use while operating a motorized vehicle. This afternoon, the House will continue to debate this bill, which, I will happily note, has support from all opposition parties in the House. I hope that we can agree to send this bill to committee on Wednesday.

Now I would like to return to our government's commitment to improving gender equality. Bill C-24, which stands in my name, seeks to formalize the equal status of the ministerial team. This bill is very straightforward in its nature. It is fundamentally about the equality of all ministers. We strongly believe that the Minister of Status of Women should be a full minister. We believe that the Minister of Science and the Minister of Democratic Institutions should be full ministers.

I am disappointed that the Conservatives do not share this fundamental belief in equality. I think we should send this bill to committee for a detailed study of what the bill actually does.

I would like to draw members' attention to another piece of legislation, Bill C-23, regarding an agreement with the United States on the preclearance of persons and goods between our two countries.

This bill is currently being studied by the Standing Committee on Public Safety and National Security. The principle of the bill is simple. It is about ensuring a more efficient and secure border by expanding preclearance operations for all modes of transportation. This will increase the number of trips and the volume of trade, which will strengthen both of our economies.

As members may know, preclearance operations currently take place at eight Canadian airports, and immigration pre-inspection is also conducted at multiple locations in British Columbia in the rail and marine modes.

Once that bill comes back from committee, I hope that we can work together to send it to the other place.

In our last sitting week, our government introduced comprehensive modernization of our transportation systems. A strong transportation system is fundamental to Canada's economic performance and competitiveness. Bill C-49 does just that. The bill would enhance the utility, efficiency, and fluidity of our rail system so that it works for all participants in the system. Freight rail is the backbone of the Canadian economy. It moves everything from grain and potash to oil and coal, to the cars we drive, the clothes we wear, and the food we eat.

I would also like to draw to the attention of members provisions in Bill C-49 that would strengthen Canada's air passenger rights. While the precise details of the air passenger rights scheme will be set out in regulations, the objective is that rights should be clear, consistent, transparent, and fair for passengers and air carriers.

Finally, our government committed to creating a national security and intelligence committee of parliamentarians. Bill C-22 seeks to accomplish two interrelated goals, ensuring that our security intelligence agencies are effective in keeping Canadians safe, while at the same time safeguarding our values, rights and freedoms, and the open, generous, inclusive nature of our country.

I appreciate the work that was done in the House committee to improve the bill. The bill is currently before the Senate national security committee, and I look forward to appearing before that committee with my colleague, the Minister of Public Safety and Emergency Preparedness.

Sitting a few extra hours for four days per week will also give the House greater flexibility in dealing with unexpected events. While it is expected that the Senate will amend bills, it is not always clear which bills and the number of bills that could be amended by the Senate. As we have come to know, the consideration of Senate amendments in the House takes time. This is, in part, why we need to sit extra hours. I know that members work extremely hard balancing their House duties and other political duties. I expect that extending the hours will add to the already significant workload.

I wish to thank members for their co-operation in these coming weeks. As I reflect upon my time as government House leader, there were examples where members of the House came together, despite their political differences, and advanced initiatives that touched directly upon the interests of all Canadians. I hope that over the four remaining sitting weeks before we head back to work in our ridings, we can have honest and frank deliberations on the government's priorities and work collaboratively to advance the agenda that Canadians sent us here to implement.

In the previous Parliament, when the government decided to extend the sittings in June of 2014, Liberal members supported that motion. We knew then, as we know now, that our role as legislators is a privilege, and we discharge our parliamentary functions in support of our constituents.

There will be initiatives that the government will bring forward over the coming weeks that will enjoy the support of all members, and there will be issues on which parties will not agree. Our comportment during this time will demonstrate to Canadians that we are all in this together, despite our differences, for the good of this great country. Let us not lose sight of that.

I believe the motion before the House is reasonable. I hope opposition members can support sitting a few extra hours for four days a week for the next few weeks to consider important legislation for Canadians.

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, we will be continuing today to debate the NDP opposition day motion.

Tomorrow we will call Bill C-31, the Canada-Ukraine free trade agreement, for debate at third reading.

Monday, we will resume third reading debate on Bill C-30, the CETA legislation.

In the coming days we will give priority to Bill C-37 on safe injection sites.

Next Thursday, February 16, shall be an allotted day.

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, this afternoon, we will continue the debate that we began this morning on the Conservative Party's motion. Tomorrow, we will begin the report stage debate of Bill C-30 on the Canada-European Union comprehensive economic and trade agreement. Monday, we will resume debate of that bill.

Next week, we will also continue the second reading debate of Bill C-36, an act to amend the Statistics Act, and Bill C-31, an act to implement the Free Trade Agreement between Canada and Ukraine.

Next Thursday, February 9, shall be an allotted day.

Last, there have been consultations among the parties and I believe you would find agreement for the following motion. I move:

That a take-note debate on the subject of job losses in the energy sector take place, pursuant to Standing Order 53.1, on Wednesday, February 8, 2017, and that, notwithstanding any Standing Order or usual practice of the House, (a) any member rising to speak during the debate my indicate to the Chair that he or she will dividing his or her time with another member; and (b) no quorum calls, dilatory motions, or requests for unanimous consent shall be received by the Chair.

International Trade

[Mark Eyking, Liberal, Sydney—Victoria, NS]

Mr. Speaker, I have the honour to present, in both official languages, the fifth report of the Standing Committee on International Trade in relation to Bill C-31, An Act to implement the Free Trade Agreement between Canada and Ukraine (without amendment).

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, for the rest of today, we will debate Bill S-4, on tax conventions.

Tomorrow, we will call Bill C-25, the business framework legislation, followed by Bill C-30, regarding CETA.

Monday and Tuesday we will proceed with Bill C-31, an act to implement the free trade agreement between Canada and Ukraine. In the days following, we will put Bill S-4 at the top of the Order Paper so that we can pass it before the Christmas recess.

Minister of International Trade

[Tracey Ramsey, NDP, Essex, ON]

Mr. Speaker, I rise this afternoon on a question of privilege on the manner in which the Minister of International Trade has been treating Parliament and due process in relation to the comprehensive economic and trade agreement between Canada and the EU. The flagrant disrespect of Parliament shown by the minister and her government is alarming and unwarranted, but more importantly, the impact of this disrespect has obstructed me in the discharge of my duties as a member of Parliament.

I will, through the course of my remarks, ask the Speaker to agree with my belief that there exists a prima facie case that my privileges as a member of Parliament have been breached, and I will be prepared to move the appropriate motion should the Speaker agree with my intervention.

Before getting to the matter at hand, I would like to remind the House that obstruction in the discharge of parliamentary duties can take many forms, both physical and non-physical. House of Commons Procedure and Practice, second edition, tells us, at pages 108 and 109:

If an Hon. Member is impeded or obstructed in the performance of his or her parliamentary duties through threats, intimidation, bribery attempts or other improper behaviour, such a case would fall within the limits of parliamentary privilege. Should an Hon. Member be able to say that something has happened which prevented him or her from performing functions...there would be a case for the Chair to consider.

I will beg the House's indulgence to provide the proper context of what has happened and give an account of events leading up to this question of privilege. I will start with the facts of the matter at hand.

To begin with, the Government of Canada adopted a policy on the tabling of treaties in Parliament in 2008. That policy sets out specific guidelines and timelines on how international treaties will be presented to Parliament for debate and consideration. In section 6.2, “Tabling period for Treaties”, the policy states:

b. For treaties that require implementing legislation before the Government can proceed to ratification, acceptance, approval or accession...the Government will:

Observe a waiting period of at least twenty-one sitting days before the introduction of the necessary implementing legislation in Parliament;

On Friday, October 28, the Minister of International Trade put an act to implement the Comprehensive Economic and Trade Agreement between Canada and the European Union and its member states and to provide for certain other measures on the Notice Paper, even before having signed the treaty. The Government of Canada signed CETA two days later, on Sunday, October 30. The Minister of International Trade tabled CETA in the House on Monday, October 31, and not 21 sittings days but about 21 seconds later, she introduced Bill C-30 to implement the provisions of CETA.

The Minister of International Trade and the government are aware of this policy and obligation to Parliament. They have respected it as recently as this fall with regard to the Canada-Ukraine Free Trade Agreement. On September 19, 2016, the Parliamentary Secretary to the Minister of International Trade laid upon the table a copy of the free trade agreement between Canada and Ukraine and an explanatory memorandum.

Twenty-eight sitting days later, which was this morning, as it turns out, and in full compliance with the policy, the Minister of International Trade introduced Bill C-31, an act to implement the free trade agreement between Canada and Ukraine. However, in the case of CETA, the government acted in direct violation of its own policy when it came to the tabling of the treaty and the introduction of the implementing legislation that followed immediately afterward.

Furthermore, the policy statement in the government's policy is as follows:

The Minister of Foreign Affairs will initiate the tabling of all instruments, accompanied by a brief Explanatory Memorandum in the House of Commons following their adoption by signature or otherwise, and prior to Canada's expression of its consent to be bound by ratification, acceptance, approval or accession.

This policy provision was followed when the Canada-Ukraine FTA was laid on the table and is something we are used to hearing the minister and her parliamentary secretary announce when they table international treaties, agreements, and other similar documents in the House. The explanatory memorandum is an important piece of this process, so important, in fact, that it has its own provisions in the policy on tabling of treaties in Parliament. Section 6.4 of the policy states:

An Explanatory Memorandum will accompany each treaty that is tabled in the House of Commons.

a. The purpose of the Explanatory Memorandum is to provide the House of Commons with information regarding the content of the Treaty.

The document tabled by the minister on Monday was over 1,700 pages long, so an explanatory memorandum is particularly important in this case. Further, a long list is given of what materials must be included in the explanatory memorandum.

Among other items, the policy states that the explanatory memorandum will cover the following points.

First is subject matter. Second is a national interest summary. Third are policy considerations and how the treaty's obligations and their implementation will be consistent with the government's policies. Fourth are federal-provincial-territorial jurisdictional implications. Fifth are time considerations, with any upcoming dates or events that make the ratification a matter of priority. Sixth is a brief description of how the treaty will be implemented in Canadian law, including a description of the legislative or other authority under which it will fall, and seventh is a description of the consultations undertaken with the House of Commons, self-governing aboriginal governments, other government departments, and non-governmental organizations prior to the conclusion of the treaty, as appropriate.

There may have been 1,700 pages tabled by the Minister of International Trade on Monday, but there was no explanatory memorandum accompanying them, blatantly showing that the Government of Canada was negligent in fulfilling its obligations under this policy.

The government responded to a question on the Order Paper from the member for Battlefords—Lloydminster in a particularly alarming way. The member for Battlefords—Lloydminster put a question on the Order Paper on May 3, 2016. Among other things, Question No. 193 asked:

With regard to the Minister of International Trade and the Canada-European Union: Comprehensive Economic and Trade Agreement: (a) when did the Department of Foreign Affairs, Trade and Development start drafting an Explanatory Memorandum for tabling with the treaty; (b) what deadline was given to the department in order to draft an Explanatory Memorandum; (c) will the Minister table a copy of the Canada-European Union: Comprehensive Economic and Trade Agreement and Explanatory Memorandum, and, if so, when;

The minister's honesty about violating her own policy is commendable, however alarming. She responded on September 19 by saying:

Mr. Speaker, with regard to parts (a) and (b), Global Affairs Canada, GAC, has not been tasked with drafting an explanatory memorandum for the tabling of the Canada-European Union Comprehensive Economic and Trade Agreement, CETA.

This question was first asked in May and was responded to four and a half months later with a response essentially indicating that the government intends to violate its own policy obligations to Parliament.

The government had time to react. The minister could have realized that Canada was in the process of negotiating a complex and multilayered treaty with 28 countries and that she would have an obligation to fulfill when she tabled the treaty, but she chose not to. Even after she responded to the member for Battlefords—Lloydminster on September 19, she still had another 42 days to instruct her officials to respect Canadians and their duly elected representatives in Parliament, but she chose not to.

Clearly, there was enough time to prepare. Europe is indicating that it is still not on board with CETA, so the timelines that are being presented to us provide more than enough time for the minister and Global Affairs to fulfill this obligation to me as a parliamentarian and to everyone who sits in the House.

On May 5, 1987, at page 5766 of Debates, Speaker Fraser stated:

The privileges of a Member are violated by any action which might impede him or her in the fulfilment of his or her duties and functions.

Seventeen hundred pages is a lot for any parliamentarian to digest. We need to do a full analysis. We need time to do so, and the time that is normally allocated needs to be respected by the minister for all members in the House so that we can have the full information and analysis necessary to weigh the advantages and disadvantages of this agreement.

Furthermore, the international trade committee is now being asked to pre-study the bill four days after the 1,700-page document and the 131-page bill were tabled. That is unacceptable.

I am aware that the minister's own policy on the tabling of treaties in Parliament is not governed by the Standing Orders of the House, but given the context of what has transpired over the past week, it is undeniably true that my ability, and the ability of all members of Parliament, to properly discharge our functions, to properly study and analyze more than 1,700 pages of text, and to adequately scrutinize government proposals and legislation are being impeded by the Minister of International Trade's deliberate decision to violate her own policy.

She had time to remedy the situation regarding the explanatory memorandum, and she did not. She had time to table the treaty and wait 21 sitting days before introducing the legislation, but she did not.

I think that you, Mr. Speaker, would be the first to agree that all members of Parliament are equal in their privileges in this House of Commons and that no one should be interfered with or disadvantaged in any way in the discharge of their duties as a member of Parliament, especially by other members in this House.

Mr. Speaker, if you find that there was a prima facie breach of my privileges as a member, I am prepared to move the appropriate motion.

Canada-Ukraine Free Trade Agreement Implementation Act

[Chrystia Freeland, Liberal, Minister of International Trade]

moved for leave to introduce Bill C-31, An Act to implement the Free Trade Agreement between Canada and Ukraine.

(Motions deemed adopted, bill read the first time and printed)