Bill C-57 (Historical)

Canada-Ukraine Free Trade Agreement Implementation Act, 2023

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

This enactment implements the Canada–Ukraine Free Trade Agreement, done at Ottawa on September 22, 2023.
Among other things, the enactment
(a) sets out rules of interpretation;
(b) specifies that no recourse is to be taken on the basis of sections 9 to 15 or any order made under those sections, or on the basis of the provisions of that Agreement, without the consent of the Attorney General of Canada;
(c) approves that Agreement;
(d) provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional and administrative aspects of that Agreement;
(e) gives the Governor in Council the power to make orders in accordance with that Agreement;
(f) requires the Minister for International Trade to ensure that Canadian companies operating in Ukraine comply with the principles and guidelines referred to in the Agreement; and
(g) amends certain Acts to give effect to Canada’s obligations under that Agreement.
Finally, the enactment repeals the Canada–Ukraine Free Trade Agreement Implementation Act that was enacted in 2017.

Canada-Ukraine Free Trade Agreement Implementation Act, 2023

[The Deputy Speaker, Chris d'Entremont]

I would just like to give a quick reminder that, when referring to members of the House of Commons, members are to use their title or riding name.

We will move on to questions and comments with the hon. member for Courtenay—Alberni.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Mr. Speaker, there is one thing that we have seen in previous trade deals, and I am thinking of the free trade agreement with China that the Harper government signed back in 2014. While I am being heckled by Conservatives, I will just remind them that they signed a trade agreement with China for 31 years. That trade agreement—

[An hon. member]

It's not a free trade agreement.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Mr. Speaker, if the member wants to get up on a point of order, he can clarify. While he is heckling me, I will remind him that they signed a trade agreement with secret tribunals, and even Canadians do not know about what is in those secret tribunals when there is an appeal from the Chinese government that wants to override, say, Canadian rights.

There was a woman in my riding, Brenda Sayers, a lawyer, an esteemed lawyer from the Hupacasath First Nation, who took the Harper government to court and appealed that this was violating indigenous rights. One thing I like in this agreement is the chapter on trade and indigenous peoples. It reaffirms the parties' commitment to the United Nations Declaration on the Rights of Indigenous Peoples.

Does my colleague agree that focussed chapters should be included in all free trade agreements moving forward so that we do not end up in the same position we are in because of the Conservatives and their trade agreement with China and the other trade agreements they signed?

[Julie Dzerowicz, Liberal, Davenport, ON]

Mr. Speaker, on my side of the House I heard some of my colleagues say that that was a good question, which is really great.

As I mentioned in my speech, there is a chapter that includes trade and indigenous people, which seeks to empower trade opportunities for this under-represented group. I think it is the first of its kind that either Ukraine or Canada has ever included in a free trade agreement. I think we included that because we think it is important. I do think it is something we should be considering for all other future trade agreements moving forward.

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, I just following up on the previous question from my NDP colleague, who has suggested time and time again that Canada has a free trade agreement with China. That is patently false, and I think he knows that. What he is actually referring to is a foreign investment promotion and protection agreement, or FIPA.

I would ask the member, who just gave a very good speech on Ukraine, if it is her understanding that Canada has gone so far as to sign a trade agreement with China and why it is that Ukraine is the priority right now when it comes to negotiating free trade.

[Julie Dzerowicz, Liberal, Davenport, ON]

Mr. Speaker, I will keep my comments to the current trade agreement.

We have stood with Ukraine forever. The Ukrainian diaspora is one of the largest diasporas here in Canada. We stand with them, as Ukraine fights this brutal and illegal war against Russia in their fight for democracy, because it is a fight they are also fighting on our behalf.

For us, this is our way of helping to support their current economy and to create a foundation for their economy from which to build once the war is over. We stand with Ukraine today. We stood with them yesterday, and we will stand with them for as long as it takes after this war. We will be there as they are growing their economy after this war, moving forward.

[Xavier Barsalou-Duval, Bloc, Pierre-Boucher—Les Patriotes—Verchères, QC]

Mr. Speaker, I commend my colleague on her speech and my other colleagues on their questions.

Today, we are debating Bill C‑57, an act to implement the 2023 free trade agreement between Canada and Ukraine. I think this is a subject on which everyone in the House agrees. It does not seem as though many members will oppose the bill when we vote on it. However, this is still an opportunity to talk about Ukraine and the importance of free trade agreements, as well as to reflect on those agreements. Obviously, we hope that Ukraine will recover as quickly as possible. I think that having a free trade agreement that normalizes our trade with Ukraine will only help with that.

I am wondering why these free trade agreements are negotiated behind closed doors without any real mandate. The executive branch, or government, is the one responsible for those negotiations, and Parliament can only say “yes” or “no” to the final agreement. Does my colleague think it is right that we have almost no say as to the content of the agreement, whether it is good or not?

I think that everyone agrees that we want a free trade agreement with Ukraine. However, it would be worthwhile for parliamentarians to have more of a say as to the agreement's content. That is why we were elected, to represent the people and defend their interests, but the government is preventing us from doing that to some extent.

[Julie Dzerowicz, Liberal, Davenport, ON]

Mr. Speaker, I do not agree with the hon. member. I think there are a number of opportunities for members to provide their input.

If the bill manages to get a vote in this House to move it to committee, there will be an enormous opportunity for comments from members of all sides of the House at that point in time. I will also say that none of these negotiations are ever conducted in secret. I think there are many opportunities, such as through the various different stakeholder groups I had mentioned at the onset of my speech, for there to be input.

The minister is always open to feedback from anyone in this House. For us, it is important to have the best agreement possible, and we will take the best ideas. It does not matter where they come from.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I am really pleased to get in on this round, because there has been a very interesting discussion between the member for Courtenay—Alberni, the member for Abbotsford and the hon. member for Danforth about investor protection agreements.

They are not trade agreements, so the member for Courtenay—Alberni is correct that the previous government under Stephen Harper executed a secret agreement. It never came before Parliament for a vote but was done as an order in council, committing Canada not to a trade agreement with the People's Republic of China, but to an investor protection agreement, as the member for Abbotsford referred to, a FIPA, that binds Canada for more than 31 years and in which challenges against Canadian law by corporations of the People's Republic of China do not require any public notice to Canadians and can proceed in secret.

I want to ask the hon. member for Danforth this. The current Canada-Ukraine agreement includes an investor protection agreement. When Canada renegotiated NAFTA with the U.S., it removed chapter 11, the investor protection agreement. Was any thought given, when renegotiating the agreement with Ukraine, to remove this quite anti-democratic provision? It is almost ubiquitous across the globe in trade agreements these days to include an investor protection agreement. Was any thought given to removing it from the Canada-Ukraine agreement?

[Julie Dzerowicz, Liberal, Davenport, ON]

Mr. Speaker, I want to correct the record. I am the member of Parliament for Davenport, which I am very proud of. I do not mind being confused with my wonderful colleague, the member of Parliament for Toronto—Danforth, as our ridings are often confused, but I wanted to correct the record on that.

Canada and Ukraine I believe already had a foreign investment promotion and protection agreement. The new investment chapter in the modernized agreement features modern drafting to ensure that parties remain flexible from a policy perspective and to ensure their right to regulate in key areas. It also includes a new chapter with a modern dispute settlement mechanism, which will, among other important updates, strengthen alternatives to avoid arbitration and enhance the transparency of proceedings and commitments.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, can I get the member's comments on how trade agreements are to the economic advantage of both Canada and Ukraine? Obviously, the war is on all of our minds. What are the impacts of having a trade agreement, whether for morale or just to make a very strong political statement at the same time?

[Julie Dzerowicz, Liberal, Davenport, ON]

Mr. Speaker, the introduction of this legislation is an important milestone in the implementation of a modernized Canada-Ukraine free trade agreement. It is the first trade agreement Ukraine has signed since the onset of Russia's illegal war. I know it wants to use this as a model for signing other trade agreements, as it is trying to support its economy while undergoing an illegal, brutal war. It wants to set itself up for a good economy once the war is over. Canada will be with Ukraine and will support it with whatever it takes, for as long as it takes.

[Gerald Soroka, Conservative, Yellowhead, AB]

Mr. Speaker, I will be sharing my time with the hon. member for Mission—Matsqui—Fraser Canyon.

[Brad Vis]

It's Canada's number one riding.