Canada-Ukraine Free Trade Agreement Implementation Act, 2023

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

Sponsor

Mary Ng  Liberal

Status

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

Summary

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

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

Elsewhere

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

Votes

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

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

October 24th, 2023 / 11:50 a.m.
See context

Conservative

Gerald Soroka Conservative Yellowhead, AB

I think it is number two.

Mr. Speaker, I rise today to speak to Bill C-57, a piece of legislation that would formalize the modernized Canada-Ukraine free trade agreement. This agreement offers the chance for us to look back on the opportunities that Canada had on the world stage and some of the context as to where we are now with Ukrainian trade and, more generally, European trade as whole.

When Russia invaded Ukraine, Europe found itself in a tough spot. Almost overnight, countries had to look for new sources of energy, oil and gas. They needed to act fast. Canada was in a prime position to fill that void, to be the reliable country that Europe needed in that critical moment, but what happened? We dropped the ball. We did not seize the opportunity. Germany, for example, one of the most advanced nations on earth, had to scramble to keep houses warm in the winter when Russian natural gas was no longer an option.

In an era when we talk day and night about green energy and reducing emissions, Germany had no choice but to look toward other sources of energy to power the country. Why were we not prepared? We tied our own hands with endless red tape, long wait times and bureaucratic hurdles. Our energy industry, once a global leader, has been reduced to a shadow of its former self, unable to act when the world needed it the most.

We did not just fail Ukraine or Europe; we failed ourselves. We missed a golden opportunity to make a real, meaningful impact on the world stage, to help Ukraine in a tangible way and to quickly divert European reliance on Russia. This is not just about missed business opportunities. It is about missing the chance to do good when it was needed the most.

There is a narrative we need to correct. The idea that all oil and gas is created equal and that it all has the same environmental footprint is simply not true. Canadian liquid natural gas, known as LNG, is among the cleanest in the world. If Europe were to replace its current oil and gas imports with Canadian products, there is a good chance we would be replacing imports from countries that have lower environmental standards. Our oil and gas sector has invested heavily in technology to minimize environmental impact.

It is not just about economics; it is also about responsible energy production. Using Canadian LNG would offer European countries a cleaner alternative to what they are strongly sourcing. This is an important aspect when looking at trade with other countries. We need to make sure we are creating access to our reliable and clean energy for Ukraine and other European nations.

It is a win-win situation, one that would benefit both our economy and the global environment. When we talk about missing opportunities, we are not just talking about financial gains. We are talking about missing an opportunity to make a real, meaningful impact on global carbon emissions, something the NDP-Liberal government should care deeply about. Instead, Canada missed out on this opportunity. We could not help Ukraine with energy reliance, and we could not help the rest of Europe either.

There is another layer to this as well, an ethical one. If we do not step up, Europe has no choice but to buy oil and gas from dictatorships that do not share our values, places where human rights and environmental concerns take a back seat. We have a moral duty to offer a better alternative, and Canadian LNG is that alternative.

Ethics matter. Where we get our energy is not just a question of economics or even of environmental protection. It is a question of values. When Europe buys energy from autocratic regimes, what message does that send? What sort of behaviour does it endorse? These regimes do not think twice about suppressing their own people or destabilizing their regions.

We saw this immediately after the onset of the war in Ukraine. However, this is not an isolated situation. There are several exporting countries that fall under this umbrella of unethical or autocratic governance.

Canada stands as a beacon of democracy and human rights on the world stage. When people buy Canadian, they are not just buying a product. They are buying into a set of values, values that respect human dignity, prioritize environmental sustainability and advocate for peace. Imagine if Europe could shift its dependency from other oppressive regimes to a country that shares its core principles. It would not only send a powerful message to the world but would have a direct, positive impact on our allies such as Ukraine. By strengthening our energy infrastructure and expanding our LNG capabilities, we can offer that alternative, an alternative that aligns with the values we hold dear in both Canada and democratic societies around the world.

Last year, the leader of the official opposition hit the nail on the head when he spoke about Canada's missed opportunities in the energy sector. While Europe, including Ukraine, was scrambling for alternatives to Russian gas, we sat on the sidelines. Why? It is because we lacked the necessary infrastructure and political will. Our inability to provide Europe with a viable alternative made it turn back to less than ideal options.

The leader of the official opposition was absolutely right. We had a shot at not just benefiting our economy but also elevating our role on the global stage. We could have been the solution that Europe, including Ukraine, was desperately searching for. What stopped us was red tape and a lack of foresight from the Liberal government.

This is not just about energy. It is about seizing strategic opportunities when they present themselves. As we discuss Bill C-57, I urge all of us to reflect on the broader implications of our international trade policies. We are always looking at the possibilities of strengthening our free trade around the world. However, we must also address missed opportunities that have significant global impacts.

This bill will likely bring up the topic of energy as it develops, a sector where Canada has failed to take the lead at crucial moments. The leader of the official opposition was clear last year about the shortcomings of the Liberal government. We need to move beyond the endless paperwork and bureaucracy that stall progress. I cannot help but stress that Canada had a chance to supply Ukraine and Europe as a whole with our natural gas, which is a cleaner, ethical option compared to what they are getting now. Instead, European countries, including Germany and Ukraine, were forced back to less desirable options because we did not have the infrastructure to support their need.

As we consider Bill C-57, let us not just look at words on the paper. Let us think about what those words mean in the context of Canada's role on the world stage. Are we simply going to be participants or will we be leaders?

As we look to possibly expand our trade with Ukraine, let us also make sure we are positioned to make the most of similar opportunities in the future. It is not just about economics. It is about taking a stand for cleaner and ethical trade that benefits us today and sets us on the right path for future generations.

I look forward to questions.

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

October 24th, 2023 / noon
See context

Winnipeg North Manitoba

Liberal

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

Madam Speaker, toward the end of his comments, the member said that we could be leaders here, and the member is right. What we are seeing is legislation that would clearly demonstrate Canada's leadership in the world.

This would be the first trade agreement for Ukraine at a time when it is going through a war, as we all know. We all want to give that support to Ukraine in whatever way we can. The general consensus seems to be that the House is in favour of the legislation. The legislation, if passed, would not only be economically in the best interests of both Canada and Ukraine, but would send many other positive messages.

We are the first country that would have an agreement with Ukraine during a war. I am wondering if the member will join the leadership being demonstrated, get behind the bill and hopefully agree we need to see it pass before Christmas. Would he not agree with that?

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

October 24th, 2023 / noon
See context

Conservative

Gerald Soroka Conservative Yellowhead, AB

Madam Speaker, I am not really certain what kind of question there was in the member's long statement, but I know he is saying he wants the bill to pass before Christmas.

With any trade agreement we need to make sure that everything is proper for both countries. We do not want to see one country taking advantage of another, and right now Ukraine is going through a war situation. The whole purpose of this free trade agreement is to make sure that it aligns not only with Canadian values but also Ukrainian values, and make sure that it is also economically viable for each country. As well, there are morals and values that should be placed forward in this free trade agreement.

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

October 24th, 2023 / noon
See context

Bloc

Julie Vignola Bloc Beauport—Limoilou, QC

Madam Speaker, my colleague said that we need the political will and the infrastructure to export oil and gas. Even if the political will had been there, it would have taken 10 years to put the necessary infrastructure in place. In Quebec, building the necessary infrastructure would have meant running pipelines on, beside or under 800 waterways, including the St. Lawrence River, which supplies drinking water to the majority of Quebeckers.

Pipelines are relatively safe, but accidents happen. What would we do if an accident deprived a population of its water supply?

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

October 24th, 2023 / noon
See context

Conservative

Gerald Soroka Conservative Yellowhead, AB

Madam Speaker, I think that everyone tries to fearmonger a lot and talk about the issues they are having. What I am talking about is replacing liquid natural gas with either coal or other types of energy that are very reliable.

I love how people talk about going to wind and solar. Every time we seem to save one tonne of carbon in Canada, we go to solar energy that is produced mainly in China, which uses coal electricity. It produces two or three tonnes more than what we take out, and we are saying how green this is. If we are talking about the climate crisis around the world, why are we not limiting the amount of emissions that are coming out of China? Why is our first choice always to go to China in order to get things built? This is why I propose we go with natural gas in countries such as those in Europe to offset all the carbon emissions that China is producing in this world.

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

October 24th, 2023 / noon
See context

NDP

Gord Johns NDP Courtenay—Alberni, BC

Madam Speaker, the member talked about doing business with China, but I will go back to FIPA, the agreement the Conservatives signed under Stephen Harper. It is like people have amnesia around here, because before they signed that agreement, they forgot to tell us that they brought 30 executives, CEOs, including oil and gas executives, to China, and guess who paid for it? It was the Canadian taxpayers.

Does my colleague agree that trade missions and the Government of Canada should fund CEOs going to another country before we have a trade agreement? If he does think that, does he think that labour should be invited to jump on the plane that is being funded by Canadian taxpayers?

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

October 24th, 2023 / 12:05 p.m.
See context

Conservative

Gerald Soroka Conservative Yellowhead, AB

Madam Speaker, I think the member misunderstands that we are actually talking about the free trade agreement with Ukraine. I am really not certain why he keeps bringing up China and talking about how it was a free trade agreement that Harper signed. It was never a free trade agreement. He is well aware of that, yet he continues to push that aspect. After 10 years of being in operation, there have not been any trade issues related to that.

I think the member needs to focus on Ukraine as opposed to China.

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

October 24th, 2023 / 12:05 p.m.
See context

Conservative

Brad Vis Conservative Mission—Matsqui—Fraser Canyon, BC

Madam Speaker, the relationship between Canada and Ukraine is special. Our country is home to more than 1.3 million Canadians of Ukrainian descent. The size of the Ukrainian diaspora is matched by few others in Canada, and it only continues to grow.

As was mentioned by my colleague, the member for Abbotsford, our city is now home to a Ukrainian village. In the spring of 2022, I had the opportunity to hire a Ukrainian student, studying here in Canada, as an intern. The city of Mission is home to a vibrant Ukrainian Orthodox community. We have people-to-people ties that run deep and are only growing.

In fact, before I begin my speech, I would be remiss if I did not mention the multitude of service organizations, such as MCC, which have been at the forefront of welcoming Ukrainian refugees into Canadian society and integrating them into our community and civic organizations. When I think about the Canadian spirit, that is what it is all about. I thank all the organizations that continue to do this very important work today.

As Ukraine has established itself as a modern, democratic nation, Conservatives have been steadfast in our support of expanding economic ties and standing with Ukraine as it distances itself from Putin's Russia. That is why Conservatives were committed to getting a free trade deal with Ukraine done when we were in government.

Since Russian troops invaded Ukraine on February 24, 2022, Conservatives have remained steadfast in our support of the Ukrainian people as they fight against authoritarianism and to protect their sovereignty as a modern, democratic nation. Ukraine will win this war. Canada must ensure that we are prepared to assist the Ukrainian people as they rebuild, and we must ensure that it is the aim of any trade agreement with Ukraine going forward.

On December 2, 1991, the day after Ukraine officially declared its independence from the U.S.S.R., Canada joined Poland as the first two nations to officially recognize a sovereign, independent Ukraine. As was mentioned yesterday by my colleague from Prince Albert, it was Canadian farmers who exported technology to Ukraine, allowing Ukraine to modernize its farming practices and turn itself into a powerhouse of agriculture that feeds many other nations.

Canada can, and should, step up to the plate again, and we could do it by giving Ukraine a hand-up through trade. That begs the question: Does this agreement allow us to do that? Can this agreement help us provide a hand-up to the Ukrainian people? Does it have the necessary tools to provide for a prosperous Ukraine after the war? These questions must be answered as we debate this bill and as it moves through the legislative process.

Let us briefly touch upon the history of the Canada-Ukraine Free Trade Agreement. The original agreement entered into force on August 1, 2017, and eliminated tariffs on 86% of Canada's merchandise exports to Ukraine. It was initially an asymmetrical agreement that was designed to provide more benefit to Ukraine than Canada.

Following the ratification of the original CUFTA, non-coal exports to Ukraine grew 28.5% between 2016 and 2019. In July 2019, the governments of Canada and Ukraine agreed to modernize the CUFTA. Canada-Ukraine bilateral trade reached its highest level ever in 2021. Canada's merchandise exports to Ukraine totalled $219 million, and merchandise imports from Ukraine amounted to $228 million.

Canada and Ukraine announced the launch of modernization negotiations in January 2022. However, the Russian invasion in February 2022 has obviously had a very negative effect on our overall bilateral trade and investment, leading to a 31% fall in Canada's exports to Ukraine.

In 2022, Canada's top three exports to Ukraine were motor vehicles and parts, fish and seafood, and pharmaceutical products. Canada's top imports from Ukraine were animal and vegetable fats and oils, iron and steel, and electrical machinery and equipment. Total merchandise trade with Ukraine was $420 million: $150 million in exports and $270 million in imports.

The CUFTA updates the following chapters: rules of origin, government procurement, competition policy, monopolies and state enterprises, digital trade, labour, environment, transparency and anti-corruption. For the first time in a Canadian FTA, the environment chapter includes provisions recognizing the importance of mutually supportive trade- and environment-related policies. The CUFTA has new chapters in investment, cross-border trade in services, temporary entry for business persons, development and administration of measures, financial services, telecommunications, trade and gender, trade and SMEs, trade and indigenous peoples and regulatory practices. For the first time ever, a Canadian FTA will include a chapter on trade and indigenous peoples. The CUFTA now replaces the 1994 FIPA in the investment chapter as well.

When Conservatives took office in 2006, Canada had trade agreements with just five other countries: the United States, Mexico, Chile, Costa Rica and Israel. By the time Prime Minister Harper left office in 2015, Canada had free trade agreements with an astounding 47 additional countries. I would like to thank the hon. member for Abbotsford for all his hard work.

The Harper government began negotiating with Ukraine all the way back in 2010. Ukraine had a weak economy at that time and, of course, it was struggling to deal with Russia. Despite this, as my hon. colleague from Abbotsford mentioned yesterday, Prime Minister Harper was adamant that Canada pursue free trade with Ukraine.

Building a strong economic relationship with Ukraine and giving it a leg up in establishing itself as a modern democratic nation with a strong economy remains a priority for Canada today and one that I am proud of. As we reflect on the broader implications of Canada's trade policy, we have to look to supporting a country like Ukraine. The Conservatives will continue to stand with Ukraine as it continues the fight against Putin's authoritarian regime.

Canada should be looking for ways to use our economic strength and strategic advantages to support the Ukrainian people, including by exporting Canadian LNG to break European dependence on natural gas from Russia.

I look forward to questions.

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

October 24th, 2023 / 12:10 p.m.
See context

Winnipeg North Manitoba

Liberal

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

Madam Speaker, the member has to know I am going to challenge him on saying that Stephen Harper had 40-plus signed trade agreements. History and the facts will very clearly show that the member is wrong. In fact, those were agreements that were signed by this government. The bottom line is it is good. The Conservative Party supports the agreements that we actually were able to bring across the goal line and get signed. I see that as a good thing.

The trade agreement that we are debating today goes far beyond just the economic benefits for both Canada and Ukraine. At a time when we are seeing the war taking place, the illegal invasion of Russia into Ukraine, we can send a very powerful message that goes well past the economic benefits. I wonder if the member can provide his thoughts on the importance of that message, whether that is to Putin, that we are moving forward with a trade agreement with Ukraine, and that is a very positive thing for both countries.

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

October 24th, 2023 / 12:15 p.m.
See context

Conservative

Brad Vis Conservative Mission—Matsqui—Fraser Canyon, BC

Madam Speaker, to my colleague from Winnipeg's first point, I remember fondly when I was still a political staffer a historic moment in the House of Commons when the Deputy Prime Minister walked across the aisle and the member for Abbotsford walked across the aisle and they embraced each other in love and friendship over Canada's long-standing policy, supported by our two major political parties' support for trade. That was a positive moment—

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

October 24th, 2023 / 12:15 p.m.
See context

Some hon. members

Oh, oh!

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

October 24th, 2023 / 12:15 p.m.
See context

NDP

The Assistant Deputy Speaker NDP Carol Hughes

I just want to remind members that, if they want to have conversations, they are to go outside, and if they have follow-up questions, they are to wait until it is the appropriate time.

The hon. member for Mission—Matsqui—Fraser Canyon has nine seconds left to respond.

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

October 24th, 2023 / 12:15 p.m.
See context

Conservative

Brad Vis Conservative Mission—Matsqui—Fraser Canyon, BC

Madam Speaker, the member for Winnipeg North, during this debate, has spoken often about all the trade agreements the Liberal Party of Canada has signed. I would be remiss if I did not mention the challenges caused by the government's policies on trade when it took the CPTPP and tried to put those different clauses at the end—

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

October 24th, 2023 / 12:15 p.m.
See context

NDP

The Assistant Deputy Speaker NDP Carol Hughes

I do have to allow for other questions. I know the time goes by really fast.

The hon. member for Beauport—Limoilou.

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

October 24th, 2023 / 12:15 p.m.
See context

Bloc

Julie Vignola Bloc Beauport—Limoilou, QC

Madam Speaker, sometimes, especially when treaties are involved, partisan politics needs to be left at the door. A treaty is usually the outcome of lengthy negotiations. A government of a certain stripe negotiates the treaty, but a government of another stripe signs it. Sometimes this happens for the best, sometimes, for the worse. One example of the worse is Phoenix, which was negotiated by one government and implemented by another.

That said, Canada has a wide range of exportable resources aside from oil and gas. I would like my colleague to name a few of the resources that we can export that would be of major assistance to Ukraine. When I say resources, I am also referring to knowledge, not only material resources.