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.

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 Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-57s:

C-57 (2017) Law An Act to amend the Federal Sustainable Development Act
C-57 (2015) Support for Families Act
C-57 (2013) Safeguarding Canada's Seas and Skies Act
C-57 (2010) Improving Trade Within Canada Act

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

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-57 aims to modernize the existing free trade agreement between Canada and Ukraine. The updated agreement includes new chapters on trade in services and investment, as well as revisions to existing chapters focusing on labor, the environment, and digital trade. A point of contention is the inclusion of language about promoting carbon pricing, with some arguing it imposes unnecessary environmental policy while others claim it simply reflects Ukraine's existing commitment to such measures.

Liberal

  • Strong support for Ukraine: Liberal members expressed strong support for Ukraine's sovereignty and territorial integrity, highlighting Canada's military, economic, and humanitarian aid. They emphasized the importance of the Canada-Ukraine free trade agreement for Ukraine's economic stability and reconstruction during and after the war with Russia.
  • Modernized trade agreement: The Liberals underscored the benefits of the modernized Canada-Ukraine free trade agreement, including new chapters and provisions for investments, services, labor, and the environment. They argued that the agreement would facilitate increased trade between the two countries, support Ukraine's economy, and attract Canadian expertise and investment.
  • Criticism of Conservative opposition: Liberal members criticized the Conservative Party's opposition to the free trade agreement, accusing them of spreading disinformation and undermining unanimous support for Ukraine. They refuted the Conservative argument that the agreement would impose carbon taxes on Ukraine, calling it a "red herring".
  • Defending environmental standards: Liberal members argued that the modernized agreement includes provisions recognizing the importance of mutually supportive trade and climate change policies. They highlighted the addition of articles to address key global environmental issues, such as plastic pollution and waste, and promote trade of environmental goods and services.

Conservative

  • Opposed to carbon pricing.: The Conservative party is against including carbon pricing in trade agreements, fearing it will lead to mandated carbon taxes in future agreements. They view the inclusion of carbon pricing as an attack on Ukraine, since most Ukrainians use carbon-based fuels for heating.
  • Liberals' hypocrisy.: Conservatives criticize the Liberal government for hypocrisy, citing the export permit waiver for a gas turbine that aided Russia, Canadian detonators found in Russian mines, and the lack of wartime insurance for Canadian businesses wanting to help Ukraine.
  • Existing agreement sufficient.: The Conservatives believe the existing free trade agreement with Ukraine is sufficient and that the updated agreement does not include essential support for Ukraine, such as LNG exports and munitions, while unnecessarily imposing carbon tax language.
  • Prioritize weapon shipments.: The Conservatives advocate for sending weapons and munitions to Ukraine, accusing the Liberals of prioritizing carbon tax measures over providing necessary defence supplies and energy security.

NDP

  • In favour of free trade: The NDP supports free trade and the original agreement with Ukraine in 2017. Their support is conditional on the protection and creation of Canadian jobs, the environment, and the well-being of all citizens.
  • Ukraine friendship special: The NDP recognizes the importance of the Canada-Ukraine relationship, highlighting the large Ukrainian diaspora in Canada and Canada's early recognition of Ukraine's independence. They believe in supporting Ukraine during the conflict with Russia.
  • Against investor-state dispute: The NDP is against the inclusion of investor-state dispute system (ISDS) provisions in trade agreements, as they allow foreign corporations to sue Canadian governments. The party attempted to remove the ISDS implementation in this agreement, but was voted down.
  • Process concerns: The NDP emphasizes the importance of parliamentary input into trade negotiations before they begin, advocating for increased transparency and adherence to established procedures. They note the compressed timeline of debate on this agreement.

Bloc

  • Supports the agreement: The Bloc supports the Canada-Ukraine free trade agreement implementation act, as it puts some meat on the bones of the previous skeletal version and presents promising opportunities for Quebec, particularly for pork producers and engineering firms.
  • Investor-state dispute settlement: The Bloc opposes the inclusion of the investor-state dispute settlement clause, as it allows multinationals to sue states when government measures affect their profits, potentially hindering Canada's ability to seize assets of individuals supporting Russia and limiting the power of states to legislate.
  • Enforcement of responsible conduct: The Bloc Québécois successfully amended the bill to shift from lofty principles to political accountability, requiring the Minister to ensure Canadian companies comply with responsible conduct guidelines in Ukraine and to establish a process for handling non-compliance complaints.
  • Lack of transparency: The Bloc criticizes the lack of transparency in trade agreements, noting that MPs are often excluded from the process and that the government avoids scrutiny from opponents, calling for increased democratic control over agreements and greater involvement of elected members in negotiations.
  • Canada doing the bare minimum: The Bloc suggests Canada's primary objective is to appear as a reliable ally by doing the minimum, favouring actions that look good over those that actually work and providing modest military support compared to other countries, despite the agreement's aim to address corruption and promote labour, environmental, and human rights standards.
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Canada-Ukraine Free Trade Agreement Implementation Act, 2023Government Orders

December 12th, 2023 / 1:55 p.m.

The Assistant Deputy Speaker Carol Hughes

There will be an opportunity for questions and comments. If members are not in agreement with what the hon. member says, they can raise it during questions and comments.

The hon. member for Etobicoke Centre has a little over a minute.

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

December 12th, 2023 / 1:55 p.m.

Liberal

Yvan Baker Liberal Etobicoke Centre, ON

Madam Speaker, the leader of the Conservative Party has echoed false narratives about the war, suggesting the war does not affect us and does not affect inflation in Canada. He has said that in this House multiple times, which is of course not true. We know that not to be true.

The Conservatives specifically challenged spending in our budget and voted to cut Operation Unifier, Canada's training mission of Ukrainian soldiers, through which we have trained 40,000 of them. They voted to cut military aid to Ukraine on Friday. Now they have voted again against the Canada-Ukraine free trade agreement. Every single Conservative MP did that.

This is part of a pattern. The Conservative Party under its leader does not support Ukraine. It is very obvious and apparent. I think it is important that we all support Ukraine. Ukrainians are fighting for themselves but they are also fighting for us.

Let us unify. Let us support Ukraine. Slava Ukraini.

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

December 12th, 2023 / 1:55 p.m.

Conservative

Kyle Seeback Conservative Dufferin—Caledon, ON

Madam Speaker, the hypocrisy of the member is astounding. He says we should listen to President Zelenskyy. Well, what he said on Canada exporting gas turbines is that it was “absolutely unacceptable”. “Moreover, it is dangerous not only for Ukraine, but also for all countries of the democratic world.”

President Zelenskyy called on the Canadian government to reverse the decision. Where was the member when that was going on? Was he condemning his government? Was he standing up and saying that we have to listen to President Zelenskyy? No. The member was quiet as a church mouse on an issue that is serious: a gas turbine being used to pump Russian gas to fund the war in Ukraine.

He did not listen to President Zelenskyy then, but somehow it is outrageous that we disagree with President Zelenskyy on a trade agreement. How does the member square his hypocrisy?

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

December 12th, 2023 / 1:55 p.m.

Liberal

Yvan Baker Liberal Etobicoke Centre, ON

Madam Speaker, during this debate and during their consistent opposition to measures that help Ukraine over the last few weeks especially, Conservatives focus on the past, on nostalgia: what Mulroney did, what Diefenbaker did, what somebody did 10 years ago, what somebody did two years ago.

What the Ukrainian people need is not nostalgia. They need help. They are fighting for their lives, and they are fighting for us. The members opposite should stop focusing on what happened 10 or 20 years ago and focus on today.

Today, President Zelenskyy is asking us to pass this free trade agreement because it is vital to Ukraine winning this war. Let us support them. Slava Ukraini.

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

December 12th, 2023 / 1:55 p.m.

The Assistant Deputy Speaker Carol Hughes

Order. I want to remind members they had an opportunity to ask a question. They were not disturbed while they were asking the question and should return that respect when they are listening to the answer. If they are not in agreement with the answer, they should wait for questions and comments.

Questions and comments, the hon. member for Humber River—Black Creek.

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

December 12th, 2023 / 1:55 p.m.

Liberal

Judy Sgro Liberal Humber River—Black Creek, ON

Madam Speaker, I want to applaud the efforts of my colleague, along with many other members of the House of Commons, to advance this free trade agreement between Canada and Ukraine and the importance of it.

We know Ukrainians are fighting an illegal Russian aggression against them. I would like to know what else the hon. member suggests we could be doing to advance and promote the free trade agreement with Ukraine.

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

December 12th, 2023 / 1:55 p.m.

Liberal

Yvan Baker Liberal Etobicoke Centre, ON

Madam Speaker, it is critical that we continue to work with our allies and encourage them to support Ukraine until it wins. That is a critical step.

We have seen some wavering of support among some in the United States. It is important that we buffer that support. Canada can help Ukraine by continuing to send military aid to Ukraine, by continuing to train the Ukrainian armed forces and by continuing to send humanitarian aid. Also, let us expand our economic relationship with Ukraine and work toward Ukraine's rebuilding after the victory.

If we stay resolved and work with our allies to stay resolved, Ukraine will win. If Ukraine wins, we all win.

The House resumed from December 12, 2023 consideration of the motion that Bill C-57, An Act to implement the 2023 Free Trade Agreement between Canada and Ukraine, be read the third time and passed, and of the amendment.

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

February 2nd, 2024 / 10 a.m.

Glengarry—Prescott—Russell Ontario

Liberal

Francis Drouin LiberalParliamentary Secretary to the Minister of Agriculture and Agri-Food

Madam Speaker, I am pleased to rise in the House today in support of this historic legislation to implement the modernization of the Canada-Ukraine free trade agreement.

This is an incredibly important agreement for both Canada and Ukraine, and I would like to take this opportunity to reiterate what this legislation would accomplish.

The Canada-Ukraine bilateral relationship is long-standing, unique and unshakable, and has always been marked by Canada's steadfast support of Ukraine's independence, sovereignty and territorial integrity. Recently, in the face of protracted Russian aggression abroad and rising isolationism here in Canada, Canada's assistance has become even more important. Canadian aid for Ukraine in its time of need has included military, diplomatic, economic and humanitarian support. Trade, an important component of Canada's economic support, should not be overlooked.

The modernized Canada-Ukraine free trade agreement is an important element in our support to our Ukrainian allies. Not only would it help strengthen the bilateral economic ties between our two great countries; it would provide to the world yet another sign of Canada's unflappable support for our Ukrainian allies. This agreement constitutes a measure of support that would not only offer benefits in the near term; it would extend well beyond Russia's illegal and unjustified war of aggression by strengthening the foundation on which Canadian and Ukrainian businesses could work together during Ukraine's recovery and economic reconstruction and, indeed, underpin the long-term economic relationship between our two countries.

We know that Ukraine's economy can benefit from Canadian expertise and investment in key sectors such as infrastructure, resources, energy and finance. This agreement would make it easier for Canadian companies to supply goods and services to Ukraine during reconstruction, as well as to invest and operate in the Ukrainian market with greater confidence while also supporting Ukrainian companies and exporting their goods and services to Canada.

As members are aware, the Prime Minister and Ukrainian President Zelenskyy announced their intention to modernize the trade agreement between Canada and Ukraine in 2019. This was in response to a clause contained in the original 2017 agreement committing Canada and Ukraine to review the agreement within two years of its entry into force with a view to expanding it. While comprehensive from a trade and goods perspective, the 2017 agreement did not include chapters on trade in services or investment. These areas were specifically identified by the review clause as potential additions, without restricting the parties from exploring other areas. As such, this was an opportunity to make this agreement a fully comprehensive one on par with Canada's most comprehensive free trade agreements.

It is toward that goal that our government announced the launch of the agreement modernization negotiations in January 2022. Unfortunately, only weeks after, Russia began its full-scale illegal invasion of Ukraine. As part of our support to Ukraine, Canadian trade officials relayed to their Ukrainian counterparts that they stood ready to proceed with the agreement modernization discussions in accordance with Ukraine's capacity and willingness to do so.

In May 2022, Ukrainian officials conveyed in no uncertain terms that they were ready to initiate and indeed expedite the trade agreement modernization negotiations and that they were eager and determined to move forward to conclude as quickly as possible. Thus, our trade officials got to work immediately with the goal of reaching an ambitious and high standard agreement on a rapid time frame.

Throughout the process, and despite difficult circumstances, Ukrainian officials demonstrated eagerness to reach an ambitious outcome within very short timelines with the aim of facilitating increased trade between our two countries, not just to meet the immediate needs of reconstruction but long into the future. This eagerness is reflective of how comprehensive the modernized agreement is with respect to not only trade in goods but also to the new chapters and provisions for investments, services, labour, environment, inclusive trade and others. In this current context, the new areas covered in the modernized agreement would make it much more than just a trade agreement.

As Ukraine's First Deputy Prime Minister Svyrydenko has explained, this agreement is a way to demonstrate that Ukraine's economy is:

...built on the same principles of respect for workers and the environment as in Canada. This is the first agreement that confirms that Ukraine shares the trade agenda of Canada, the US, the EU, Japan and our other partners. Its text is based on the standards of the Canada-US-Mexico Free Trade Agreement and the Trans-Pacific Partnership Agreement... In this way, Ukraine is joining... countries that share the [same] principles of economic policy. In fact, this is a modern trade and legally binding economic pact with partners who support our security.

This is why this modernized agreement is so important for Ukraine and why, despite truly incredible and daunting circumstances, Ukraine dedicated scarce resources toward that goal and pushed forward this modernization with Canada. Beyond the short-term benefits related to the reconstruction efforts that will be needed, it did so because it recognizes and acknowledges the long-term importance of building and safeguarding an open and inclusive rules-based global trading system, a system that contributes to creating strong and resilient economies and enables long-term growth.

Increasing Canada's trade and attracting investment is a priority for this government as is Canada's continued support for Ukraine, both during and long after the war. For this reason, I urge all members to support Bill C-57 and allow this government to move ahead to implement the modernized Canada-Ukraine free trade agreement on a timely basis.

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

February 2nd, 2024 / 10:05 a.m.

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Madam Speaker, I am wondering if my colleague opposite, in the context of this agreement, will commit right now to talking to the Prime Minister and to his caucus to strongly commit Canada to repurposing seized Russian assets back to Ukraine. Will he commit to ensuring that Canada leads a G7 effort to send back seized assets to Ukraine?

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

February 2nd, 2024 / 10:10 a.m.

Liberal

Francis Drouin Liberal Glengarry—Prescott—Russell, ON

Madam Speaker, I will entertain a conversation with the Prime Minister if she entertains a conversation with the leader of the official opposition to ensure its support of Bill C-57 and its support for Ukraine.

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

February 2nd, 2024 / 10:10 a.m.

Bloc

Gabriel Ste-Marie Bloc Joliette, QC

Madam Speaker, this is a very important bill.

The 2017 agreement, which was essentially negotiated by Stephen Harper's Conservative government, was mostly about extending a hand of friendship to Ukraine in the wake of the 2014 Russian invasion. As members know, the negotiations ended in the summer of 2015, just before the election, but the agreement was signed by the current government during the Ukrainian Prime Minister's visit to Ottawa in 2016, and it took effect in 2017. It was negotiated by Stephen Harper's Conservatives, but now it seems as though the Conservatives are no longer on board.

Why is that and what impact will that have?

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

February 2nd, 2024 / 10:10 a.m.

Liberal

Francis Drouin Liberal Glengarry—Prescott—Russell, ON

Madam Speaker, I thank my colleague for his question. He raises a good point. I do not know what happened to Brian Mulroney's party, which believed in free trade agreements. For some reason, the leader of the official opposition decided to no longer support an agenda that promotes free trade, even though the President of Ukraine clearly indicated that he wants Canada to support this free trade agreement. I do not understand what is happening to the Conservative Party in 2024.

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

February 2nd, 2024 / 10:10 a.m.

Conservative

Greg McLean Conservative Calgary Centre, AB

Madam Speaker, let me ask my colleague a question on words versus actions on this. I see a lot of paper and a lot of words, but as far as the actions and supporting Ukraine go, the government has been a day late and a dollar short almost every time.

Will the member commit to actually supporting Ukraine, as he, his party and his government have not done in the past, including returning the turbine when President Zelenskyy said not to return the turbine and cutting off the oil trade that Russia was importing into Canada far later than this party recommended they should, because that is funding the war for Russia on Ukraine?

Will the member commit to actually performing better as far as the real metrics go, as opposed to the paper metrics?

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

February 2nd, 2024 / 10:10 a.m.

Liberal

Francis Drouin Liberal Glengarry—Prescott—Russell, ON

Madam Speaker, we can all strive to do better, and I would encourage that member to do better as well and to support Bill C-57.