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 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

December 12th, 2023 / 1:40 p.m.


See context

Liberal

Judy Sgro Liberal Humber River—Black Creek, ON

Madam Speaker, my colleague is a wonderful member of the international trade committee, who contributes very significantly to whatever the discussion or debate is in a very comprehensive and thoughtful way. I understand, after the next election, he is not going to be returning to the House, which I think is a real loss for the House of Commons, because he adds a tremendous amount in the House and at the committee level.

I would like to ask my hon. colleague about the concerns of the Ukrainian Canadian Congress and so many other organizations that have echoed their support for this. President Zelenskyy sat right in front of me and urged us to pass this free trade agreement very quickly.

Was my hon. colleague concerned with the amount of opposition that was led by the Conservative Party of Canada?

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

December 12th, 2023 / 1:40 p.m.


See context

NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Madam Speaker, I would like to thank the member for Humber River—Black for those warm regards and for being a wonderful chair of the international trade committee.

Yes, as I said before in answer to a previous question, I am surprised at the Conservative response to this agreement. The Conservatives seem to have reacted to a couple of words in the agreement and used that to vote against it when Ukraine and Ukrainian Canadians have been very vocal in calling them out on this decision. We should be unanimous in our support for Ukraine. I was surprised that the Conservatives doubled down today and have done a couple more things to try to slow down this bill, when Ukraine wants it passed right now.

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

December 12th, 2023 / 1:45 p.m.


See context

Conservative

Kyle Seeback Conservative Dufferin—Caledon, ON

Madam Speaker, the point of this trade agreement, or part of it, is allegedly to help rebuild Ukraine. That is some of the rhetoric that we hear from the Liberal Party. However, one thing that actually is a problem is that Canada is the only G7 country that has not offered wartime insurance to Canadian business operators who want to rebuild in Ukraine. That means that the projects that they undertake are subject to enormous risk because, of course, it is a war. Every other G7 country has recognized this risk and has provided wartime insurance to business operators. Canada has not. Was the member aware of that, and does he think that is another major failure of the current Liberal government?

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

December 12th, 2023 / 1:45 p.m.


See context

NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Madam Speaker, the member is valuable member of the international trade committee. This issue of wartime insurance for Canadian companies is important. I do not believe it belongs in a free trade agreement, just as I do not believe that calls for more munitions to Ukraine or natural gas to Ukraine belong in a free trade agreement. These agreements are about taking tariffs off things and not about trying to promote one thing or the other.

This is something that the government should be looking into. This is an agreement that is supposed to help rebuild Ukraine and right now we are talking about issues within the war experience.

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

December 12th, 2023 / 1:45 p.m.


See context

Liberal

Yvan Baker Liberal Etobicoke Centre, ON

Madam Speaker, I will be sharing my time with the member for Humber River—Black Creek.

As we speak, the Ukrainian people are risking their lives and sacrificing their lives to defend their homeland. Notwithstanding the courage and resolve of the Ukrainian people, the situation in Ukraine is dire. There are millions of refugees inside and outside Ukraine. Russia is committing genocide in Ukraine every day. We have heard about many forms of war crimes, including the deportation of Ukrainian children to Russia, as one example.

There are hundreds of millions of people in the global south who are facing food shortages and famine because of Russia's invasion and blockade of Ukrainian ports. The war is the primary reason for food and energy price inflation around the world, including here in Canada. When Canadians pay higher prices at the pumps and the grocery store, the primary reason for that is Russia's invasion of Ukraine.

This is an existential threat to global security and to Canada's security. It is critical that Ukraine win this war, not just for the sake of the Ukrainian people and not just because it is the right thing to do, but because it is important to us. Ukrainian people are not just fighting for themselves, but they are also fighting for us. I believe we should be fighting for them.

The Government of Canada has been fighting for them. Canada has been a leading country in supporting Ukraine. We have provided over $5 billion in financial aid to Ukraine. That is the largest amount of financial aid per capita of any country in the world.

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

December 12th, 2023 / 1:45 p.m.


See context

An hon. member

Oh, oh!

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

December 12th, 2023 / 1:45 p.m.


See context

Liberal

Yvan Baker Liberal Etobicoke Centre, ON

Madam Speaker, my Conservative colleague is heckling me as I speak, so clearly he does not support that.

We have provided about $2.4 billion in military support that is going to help the Ukrainian Armed Forces on the front line fight against this invasion. There has been over $350 million in humanitarian assistance, $127 million in development assistance, and over $102 million in security and stabilization assistance. We have the implementation of the CUAET visa program that has allowed about 200,000 Ukrainians fleeing the war to come here for temporary refuge in Canada.

We have been a leader in supporting Ukraine's entry into NATO. We have been advocating for Ukraine's entry into the EU. There was some talk earlier in this debate about what we can do to help Ukraine rebuild. The reality is that Canada is a leading country. We are making sure that we are seizing Russian assets here in Canada, and other countries are looking to our leadership on that, to make sure that we can sanction Russian assets here in Canada and use them to help rebuild Ukraine.

We are leading in terms of working with Ukraine, the International Criminal Court and others to make sure that Russia's war crimes are prosecuted. We have trained 40,000 members of the Ukrainian Armed Forces through Operation Unifier. Let us just imagine 40,000 Ukrainian men and women fighting and giving everything to defend their homeland, and they were trained by Canada. I think that is something that, as Canadians, we can be very proud of.

One of the things we can be very proud of is the Canada-Ukraine free trade agreement, which I would note was negotiated in record time at the request of the Ukrainian government while it was under attack by Russia. These are steps that we can be very proud of. These are important, material steps to help Ukraine win the war.

The reality is that this will not be enough until Ukraine achieves a decisive victory. To me, a decisive victory means it wins the war, but it also wins the peace. Winning the war means they recapture all of their territory, and that includes Eastern Ukraine, Donetsk, Luhansk and Crimea.

Winning the peace, to me, means many things. It means that Ukraine is secure as a member of NATO, that we secure reparations from Russia to help rebuild Ukraine, that there is justice for Russian war crimes and that we help rebuild Ukraine's economy. That means not just helping to rebuild the physical infrastructure that has been destroyed in Ukraine, but it also means helping Ukraine's economy rebuild so it can be prosperous and so the Ukrainian people can achieve the freedom, the democracy, but also the prosperity that they are fighting for every minute of every day, and that tens of thousands of Ukrainians have given their lives to defend.

That is where this Canada-Ukraine free trade agreement comes in. It is actually incredibly important, not just to Canada's economy, but also to Ukraine's economy. Ukraine's economy, since the invasion started, has declined by over 30%. Let us imagine a 30% decline in a country's economy. The reality is that is why signing free trade agreements, with countries like Canada that are interested in not only trade, but also investing in Ukraine, is so critical, especially at this time.

If Ukraine is going to fight this war, it will need an economy that is functioning, that is allowing it to fund the war by collecting taxes to pay for munitions and everything else it needs to pay for. I think it is very important that we appreciate the importance of this agreement for that purpose.

The other reason this agreement is important is that the Canada-Ukraine free trade agreement we currently have in place covers goods. It covers the trade of physical material, physical stuff, that goes back and forth, which is very important. However, the bigger economic opportunity is in trade and services and allowing investment to flow between our countries.

Just from a purely Canadian perspective, it is good for Canada to have this trade agreement with Ukraine. It is an economic opportunity for our workers and our business people, so it should be unanimously supported. It is equally important for Ukraine from an economic perspective to trade services and allow investment to flow. It is critical and urgent for Ukraine, not just because we need to help Ukraine's economy but because the flow of investment is critical to helping Ukraine rebuild. Ukraine cannot rebuild without investment from individuals and businesses who want to invest to build businesses and help rebuild Ukraine.

This trade agreement was asked for and signed by President Zelenskyy and the Prime Minister. It is supported by the Ukrainian Canadian Congress. It is supported by the Ukrainian ambassador. Ukrainian MPs have travelled to Canada to ask MPs of all parties to support it. It is widely supported. It is beneficial to Ukraine and is beneficial to Canada, but there is a problem: Every single Conservative MP continuously votes against it. They just voted against it an hour or two ago here in this House again.

The argument they have put forward is that there is mention of a carbon price in the agreement. First of all, the mention of a carbon price does not require Ukraine to do anything. It is just a mention. The second thing is that Ukraine has had a carbon price in place since 2011. It had a carbon price before Canada had one. It needs one to join the EU. Ukraine committed to a carbon price long ago and has committed to a carbon price for the future, so nothing here is being imposed on Ukraine.

The other thing that is a little odd is the suggestion that Canada somehow imposed this on Ukraine. This is the government, its leader and the people fighting to defend themselves from the second-largest military in the world and somehow Canada imposed something on them. I have never heard a more ridiculous argument in my life from the Conservatives.

The Conservatives have argued here in this debate that they know better than President Zelenskyy and the Ukrainian government what Ukraine needs. They have said we should delay this agreement, we should amend this agreement and we should remove segments of the agreement, all of those things because this would be better for Ukraine. Do members know who knows better what Ukraine needs? Ukrainians do. We should be listening to them. They have asked us to pass this agreement. We should respect their decision and respect the fact that they want this agreement signed and need it urgently.

Unfortunately, this is part of a pattern now that has emerged since the member for Carleton became leader of the Conservative Party of Canada. The Conservatives talk about what Brian Mulroney and Diefenbaker did. That is great, but we are not talking about them because those folks are not sitting in the House today.

The member for Carleton is the leader of the Conservative Party, and since he has become the leader, members of the Conservative Party and he specifically have never advocated for more military, financial or humanitarian support for Ukraine. He has been silent on Russia's acts of genocide against the Ukrainian people. He has echoed the false narratives that the war in Ukraine does not affect inflation around the world when expert after expert tells us it does. The other day on—

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

December 12th, 2023 / 1:50 p.m.


See context

Some hon. members

Oh, oh!

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

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


See context

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.


See context

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.


See context

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.


See context

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.


See context

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.


See context

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.


See context

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.