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

line drawing of robot

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.
Was this summary helpful and accurate?

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

February 2nd, 2024 / 10:40 a.m.

NDP

Lisa Marie Barron NDP Nanaimo—Ladysmith, BC

Madam Speaker, I am not sure why the discussion is focused on a carbon tax right now. When we are talking about this important issue, I am reflecting on the conversations that I am having with people who are arriving in my riding of Nanaimo—Ladysmith fleeing the war in Ukraine.

A single mom and her child were talking with me about the impacts of having to leave behind their families and all that they know in Ukraine. I made a commitment to this now constituent to do all that I can to support Ukrainians at this time. What I am trying to understand is that the leader of Ukraine asked us to sign this agreement. I am not going to pretend to know better than Ukrainians themselves or the leader of Ukraine how to best move forward.

Why would we not support this agreement when the leader is asking us to do so?

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

February 2nd, 2024 / 10:40 a.m.

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Madam Speaker, the free trade agreement with Ukraine already exists. The NDP could be pressuring its coalition partners to release frozen assets to Ukraine. It is not doing that right now. That would immediately impact the people that she just talked about, but she should also be trying to lower the cost of living in Canada and fight for climate change by axing the carbon tax.

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

February 2nd, 2024 / 10:40 a.m.

Etobicoke—Lakeshore Ontario

Liberal

James Maloney LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, I appreciate the opportunity to speak this morning about an issue that is very important to Canada, to Ukraine and to the constituents in my riding of Etobicoke—Lakeshore. Of course, I am speaking about the free trade agreement between Canada and Ukraine. We are not here debating carbon pricing.

It is my honour to stand today in support of the legislation that would implement the modernized free trade agreement between Canada and Ukraine. As was mentioned already, the modernization exercise for the CUFTA has not only allowed for the addition of new chapters but has also provided an opportunity to update previously existing chapters of the agreement and to reflect the most recent practices in the field of international trade agreements.

Important updates I would like to highlight right from the start are those made to the chapters on labour and the environment. The modernized provisions would commit Canada and Ukraine to the highest standards on labour rights and environmental protection. These updates would help make the CUFTA a fully comprehensive modern trade agreement that levels the playing field while ensuring sufficient flexibility for parties to pursue crucial public policy objectives in these areas. Please allow me to give an overview of the nine modernized chapters of the agreement.

On the matter of rules of origin and origin procedures, Canada and Ukraine agreed to activate and operationalize the principle of cumulation of origin, which would allow the materials originating in other countries that Canada and Ukraine both have free trade agreements with to count toward the originating status of goods exported under the agreement's tariff preferences. The result is that the materials originating from, for example, the European Union; the European Free Trade Association members, which include Switzerland, Liechtenstein, Norway and Iceland; Israel and the United Kingdom can be taken into consideration when determining whether the final product qualifies as originating under the agreement and thus benefits from preferential treatment. Concretely, it would give producers greater flexibility in sourcing materials from countries with which Canada and Ukraine both have free trade agreements.

The new digital trade chapter of the modernized agreement is a significant update from the previous e-commerce chapter commitments to improve regulatory certainty for businesses seeking to engage in the digital economy in both markets, as well as those specifically looking to engage in cross-border digital trade between Canada and Ukraine. The chapter now contains ambitious commitments to facilitate the use of digital trade as a means of trade between Canada and Ukraine. It includes commitments relating to cross-border data flows, data localization, source code disclosure, open government data and personal data protection. On this last item, it is worth noting that, for the first time in any of Canada's trade agreements, a provision has been included prohibiting government authorities from using personal information collected from private organizations to discriminate against a person on grounds such as race, gender, sexual orientation, religion or political opinion.

The modernized agreement now includes a stand-alone competition policy chapter with updated and new obligations to promote a competitive marketplace. The chapter furthers Canada and Ukraine's objectives toward a fair, transparent, predictable and competitive business environment. This is notably done through enhanced obligations for competition authorities on procedural fairness and transparency, as well as new obligations for the identification and protection of confidential information. These new obligations provide assurance that fundamental principles, including the rights of defendants, are guaranteed during competition law investigations and enforcement proceedings.

The monopolies and state enterprises chapter has also been upgraded to include important definitions for state-owned enterprises and designated monopolies, as well as updated commitments on transparency and technical co-operation.

In the modernized chapter on government procurement, Canada and Ukraine have clarified that they would be allowed to take into account environmental, socio-economic or labour-related considerations in their procurement processes. This means it is now clear that the agreement would not prevent parties from adopting domestic policies and programs to support initiatives such as green and social procurement. The updated chapter also includes a new article to ensure integrity in procurement processes by committing parties to have legal or administrative measures in place to address corruption in government procurement. Finally, the updated chapter also facilitates greater participation by Canadian and Ukrainian SMEs in government procurement.

The upgraded labour chapter in the agreement is robust, comprehensive and fully subject to the dispute settlement mechanism of the agreement. It aims to improve labour standards and working conditions in the two countries by building on international labour principles and rights. Two particularly notable articles were added: an important prohibition on goods made in whole or in part with forced labour, and a stand-alone article on violence against workers. This chapter confirms that Canada and Ukraine are fully committed to the highest labour rights standards and agree to co-operate further in the field.

The modernized environment chapter of CUFTA is the most comprehensive and ambitious ever achieved in a Canadian free trade agreement. For the first time, the chapter includes provisions recognizing the importance of mutually supportive trade and climate change policies, including market-based approaches and trade-related climate measures to achieve green growth objectives. The modernized chapter also introduces new articles to address key global environmental issues, such as plastic pollution and waste, and promotes trade of environmental goods and services and the circular economy. The chapter is reflective of Canada and Ukraine's leadership on trade and environment issues, and of our joint commitment to strengthen our co-operation in the area long into the future.

Last, the new transparency, anti-corruption and responsible business conduct chapter significantly builds upon and improves the 2017 version. It provides a framework for promoting transparency and integrity among public officials and the private sector, while advancing enforceability of anti-corruption laws. Therefore, the new chapter furthers Canada and Ukraine's objective of open and transparent international rules-based trading system that also promotes measures to prevent and respond to corruption. The chapter also includes a new section to encourage responsible business conduct for internationally recognized standards, guidelines and principles.

I thank the House for the opportunity to describe the significant improvements that were made to the existing chapters of the 2017 agreement through this modernization exercise. I believe I have made it clear that these upgrades would be instrumental in making the agreement a modern, fully comprehensive and responsive free trade agreement.

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

February 2nd, 2024 / 10:50 a.m.

Conservative

Alex Ruff Conservative Bruce—Grey—Owen Sound, ON

Madam Speaker, first, I just have a quick comment. There was a transfer of leadership in the Canadian Armed Forces training mission, Joint Task Force-Ukraine, just a few days ago. I want to thank all the Canadian Armed Forces members who are part of that mission in training Ukrainians, in particular the leadership of Lieutenant-Colonel James Boddy, who is the outgoing commander, and the new commander, Lieutenant-Colonel Ben Rogerson. I had the pleasure to serve with both of those gentlemen in Afghanistan.

On March 22, 2022, I asked about transferring surplus Canadian Armed Forces equipment to Ukraine, in particular, Bison ambulances. Ukrainian forces are fighting right now, on the ground, and rescuing victims and injured soldiers in pickup trucks. Could the member, with his experience as the parliamentary secretary, provide an update on what the government is doing to get that surplus CAF equipment to the Ukrainian armed forces?

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

February 2nd, 2024 / 10:50 a.m.

Liberal

James Maloney Liberal Etobicoke—Lakeshore, ON

Madam Speaker, I have had the pleasure of working with the member on a number of very important issues, and I have a lot of respect for his approach to politics. I also want to add my thanks to members of the Canadian military because we all know the good, hard work and effort they put in on our behalf.

With respect to the member's question, I would be happy to speak with him off-line, on another occasion, to provide him with all of the information I can obtain. His question was in a positive tone, which is indicative of his approach to politics, in my experience. I say that because we are here to support our ally and friend, Ukraine. With one exception that I am aware of, which has been raised by the official opposition, Conservatives support the agreement. I would hope that the member, with the approach that he has taken to other issues, would be willing to reconsider his position and to encourage colleagues in his caucus to reconsider theirs and to vote with us so we could unanimously support the agreement and get it passed.

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

February 2nd, 2024 / 10:50 a.m.

Liberal

Chandra Arya Liberal Nepean, ON

Madam Speaker, the agreement has to be signed now so Canada will be ready to help Ukraine once the illegal Russian war on Ukraine ends. Ukraine's infrastructure and all sectors of economy have been destroyed. Ukraine needs Canada's help in that respect. About $400 billion needs to be invested. Canadian businesses have the expertise to help Ukraine in all these matters.

I would like to ask the hon. member what Conservatives feel about the need for this agreement now.

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

February 2nd, 2024 / 10:55 a.m.

Liberal

James Maloney Liberal Etobicoke—Lakeshore, ON

Madam Speaker, as everybody did, I spent time in my constituency over Christmas and in January. I am very fortunate to have a large Ukrainian constituency. It is a community I have known and worked with since I was a child. Over the holidays, I attended many functions. I spoke with community leader and business leaders. I spoke with people approaching me and trying to find ways to work with government and politicians from all parties on how to get the agreement passed, and also, when we pass the agreement, on how we can work collectively toward rebuilding Ukraine.

One thing that was consistent in every single conversation I had with everybody in the Ukrainian community was that they asked why this is happening. They asked why there is not unanimous support for the agreement, and how we get past this. I said that I share their concern and am working toward achieving that goal. People who know me know that I am not a particularly partisan guy. I believe that there are certain issues that are of such importance that partisan politics should have no part in them, and this one of them.

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

February 2nd, 2024 / 10:55 a.m.

Bloc

Gabriel Ste-Marie Bloc Joliette, QC

Madam Speaker, I thank my colleague for his speech, but I am less proud of the fact that yesterday, in committee, he voted against the bilingualism of the new group.

I have a question for him about the only amendment to Bill C‑57 that was adopted in committee. It included a clause presented by my colleague and friend, the member for Saint-Hyacinthe—Bagot. This clause requires the minister to constantly monitor the behaviour of Canadian businesses in Ukraine and to table an annual report of his activities to Parliament. We know that article 15.14 of the agreement is about implementing best practices, particularly in fighting corruption.

What does my hon. colleague think of that?

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

February 2nd, 2024 / 10:55 a.m.

Liberal

James Maloney Liberal Etobicoke—Lakeshore, ON

Madam Speaker, I am happy to sit down with the member afterward, work through this and talk about the concerns he has raised to see whether we can find a compromise and a solution.

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

February 2nd, 2024 / 10:55 a.m.

Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, we have signed more than 50 trade agreements that have never contained any clause at all about carbon pricing. Ukraine already has a carbon price. I do not know why we would put equal carbon pricing, protection against carbon leakage and all of this kind of stuff into the contract. That is exactly what it does not need. Therefore, why will the Liberals not just take it out? We can then unanimously support the trade agreement.

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

February 2nd, 2024 / 10:55 a.m.

Liberal

James Maloney Liberal Etobicoke—Lakeshore, ON

Madam Speaker, the short answer is that the Ukrainians want it in there. I do not know what else there is to say in answer to that question. I have spoken with members of the Ukrainian parliament. I have spoken with members of the Ukrainian community. I was in the room when President Zelenskyy signed the agreement. Ukrainians want it in the agreement; it is as simple as that. An agreement is something that is negotiated between two parties in reaching a consensus, and that is what was done here. They want it there, and that is why.

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

February 2nd, 2024 / 10:55 a.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

Is the House ready for the question?

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

February 2nd, 2024 / 10:55 a.m.

Some hon. members

Question.

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

February 2nd, 2024 / 10:55 a.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

The question is on the amendment.

If a member present in the House wishes that the amendment be carried or carried on division, or if a member of a recognized party present in the House wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.

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

February 2nd, 2024 / 10:55 a.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, we would request a recorded vote.