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

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


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, we would request a recorded vote.

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

February 2nd, 2024 / 11 a.m.


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

Pursuant to Standing Order 45, the division stands deferred until Monday, February 5, at the expiry of the time provided for Oral Questions.

The House resumed from February 2 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.

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

February 5th, 2024 / 4:10 p.m.


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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, I would like to notify you that will be sharing my time with my colleague, the member of Parliament for Regina—Wascana.

The Conservative Party is the party of free trade in Canada. Former prime minister Brian Mulroney and former president Ronald Reagan signed the first free trade agreement in 1988. There was a lot of resistance at the time from a lot of nay-sayers who were saying things like we were going to lose our sovereignty as a nation.

People were saying that our agricultural sector would not be able to compete with the warmer States with longer growing seasons. Others said that our manufacturing sector would not be able to compete fairly against the bigger, more powerful, highly industrialized U.S. economy. I remember this one very well: Our wine industry was not going to be able to compete with wine regions in California. I can assure members that Okanagan Valley wines have only become better and better over the intervening years, because competition makes us better. We say to bring it on.

Conveniently, in that free trade election in 1988, for all the nay-sayers, the protectionists and the Chicken Littles, who were saying this time the sky really was falling if we were going to remove protective barriers, there was the Liberal Party where they could park their votes. Its leader at the time, John Turner, said that a free trade agreement with the U.S. would Americanize us. Does that sound familiar? We hear the same today. The Liberal Party is always fearmongering about what the Conservatives might do, cozying up too much with the United States. The more things change, the more they stay the same.

Happily, the Conservatives won the election in 1988, and the free trade agreement, the FTA, came into effect on January 1, 1989. By all measures, it was a roaring success for both countries. Canada and the U.S. were both wealthier and had more powerful economies on the account of free trade. It turns out that Adam Smith and other classical economists were right and that the wealth of nations is built on the ability of free people to trade freely with each other and of free countries to be able to trade freely with other countries.

The FTA was just the beginning. Soon the Liberals, the great imitators, also became free traders, and they brought Mexico into the fold under the North American FTA, or NAFTA as we call it. However, it took another Conservative government, under the leadership of former prime minister Stephen Harper, to bring about an ambitious free trade agenda, which encompassed many countries around the world: in Europe, in South America, in the Asia-Pacific region and, of course, Ukraine, which is what we are talking about today. In 2015, late in former prime minister Harper’s administration, we entered into a free trade agreement with Ukraine.

Canada’s relationship with Ukraine is very important, not only because of the 1.3 million Canadian citizens who claim a Ukrainian heritage, but also because of the half a billion dollars of trade annually between the two countries. That is a relatively small amount of money compared to our trade with some other countries, but it is growing, and that is important.

It is also important to recognize that coal has been part of that $500 million. Of course, Ukraine, like many countries in the world, is trying to get off coal and to substitute it with cleaner-burning energy. Canada is conveniently situated for that as well because we have a lot of natural gas available. It burns much cleaner, and we want to make it available for countries like Ukraine to get off coal and for countries in the Asia-Pacific region as well.

Unfortunately, the Liberal government, under the current Prime Minister, thinks Canadian natural gas should stay in the ground. Many countries are looking for a reliable supplier of natural gas, and they have come to Canada asking us to come to the table. This includes Germany, which is looking for a way to cut its dependence on Russian natural gas. Yes, that is the Russia that, two years ago, invaded Ukraine in an illegal war and is indiscriminately bombing cities and killing its citizens. It is using sale proceeds, the cash it receives from selling liquid natural gas, to fuel that war. Indirectly, we are now helping President Putin build up his war chest.

Canada could be of real value here. What better way to help our Ukrainian friends than to do our part to cut off Putin's money supply.

Astonishingly, the Prime Minister told our friends in Europe, “Sorry, there is no business case for LNG.” That is unbelievable. The Americans certainly saw a business case, and where Canada dropped the ball, they picked it up and ran with it. They are now building LNG export facilities and getting ready, and they are already starting to fill the demand for clean, ethical natural gas for countries that want to get off coal and get as far away from Putin as possible.

The Prime Minister did see a business case relating to the natural gas industry, and that was to actually do business with Mr. Putin. Canada's PM wants to keep Canadian natural gas in the ground, but he delivered a powerful turbine to Putin so that he could increase Russian natural gas production for sale to the world and, with that cash, could build up his war machine against Ukraine. That is just not what friends do.

Canadians are getting tired of the Liberal Party hypocrisy and are looking forward to the day when a common-sense Conservative government would stand up to dictators like Putin and would turn dollars for dictators into paycheques for our people. That is what the Conservative Party stands for.

Today, we are talking about Bill C-57, an act to implement the 2023 free trade agreement between Canada and Ukraine. The existing free trade agreement is now 25 years old and needs to be revisited and updated. We agree with that. However, in the meantime, the old agreement, the one negotiated by former prime minister Harper, is still in place and still functions.

Conservative members on the international trade committee have been working very diligently to improve this bill that is before the House today so that we could be in a position to vote on it unanimously and to pass it through. Here are some things the Conservative members on the committee wanted to improve. They wanted to include a commitment from Canada to provide weapons and munitions to help Ukraine in its defence against Putin's illegal invasion. That is what friends do in a time of war.

We want to include a plan to sell Canadian LNG to Europe so that it would no longer provide Putin with the cash he needs to fund that illegal war. That is a common-sense solution and a step forward.

Importantly, we also want to delete the provision in this revised agreement promoting carbon tax, because Conservatives want to axe the tax. I am sure everybody in the House has heard that many times already. We call it the inflationary tax on everything that Canadians do not need and that is ineffective, and that is exactly what we would do if we form government after the next election.

Sadly, all those common-sense recommendations were voted down by the other parties. Today, we now have before us a weaker, inferior product. We were hoping, until the vote earlier today, that it would go back to the committee for improvement.

I just want to touch very quickly on the history of the Conservative Party's support for Ukraine. It is important for people to understand this. Common-sense Conservatives, under our leader, have a long and proud history. We stood with Ukraine when President Zelenskyy asked the Prime Minister not to sign an export permit for that gas turbine that I talked about a minute ago. We stood with Ukraine when it asked for a reliable source of weapons and munitions, and we are still waiting for the Liberal government to deliver on that.

We stood with Ukraine when we asked the Prime Minister to impose Magnitsky sanctions on Putin and his oligarchs. Our history goes back many years. The Conservative government, in 1991, became the first western country to recognize Ukraine's independence from the Soviet Union. We stood with Ukraine when the Harper government undertook Operation Unifier to provide critical military training to Ukraine, which was very much appreciated. Of course the agreement that we are talking about today, which I already mentioned, was negotiated by a Conservative government.

We are very proud of our long-standing relationship with Ukraine. We will always stand with them because that is what friends do.

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

February 5th, 2024 / 4:20 p.m.


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Liberal

Yvan Baker Liberal Etobicoke Centre, ON

Madam Speaker, it was interesting hearing the member opposite speak. He, like other members of the Conservative Party when they have been speaking to this bill, spoke about nostalgia. They invoke what Diefenbaker did and what Mulroney did in 1991 or whatever the case may be.

What do the people on the front lines of Ukraine need right now? They need help today. Most of the people on the front lines were not born when Mulroney was prime minister. What they need is help today.

It concerns me that these Conservative MPs consistently vote against the free trade agreement, against military support for Ukraine and against Operation Unifier to train Ukrainian soldiers. These are things President Zelenskyy has asked for. These are things the Ukrainian Canadian Congress has asked for.

My question for the member opposite is this: Why will he not stand with the Ukrainian Canadian Congress, with President Zelenskyy and with the Ukrainian people in their existential fight for their survival and our security?

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

February 5th, 2024 / 4:20 p.m.


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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, the people the hon. member opposite is talking about were certainly alive when Canada shipped a gas turbine to Russia that, unbelievably, allowed Russia to increase its production of natural gas, which is sold to western Europe to raise more money to feed the war machine that is killing Ukrainian people today. Do they know that?

He talks about nostalgia. Of course many Canadians are nostalgic for the great days of Conservative governments, and they are looking forward to the day when another Conservative government will be formed in this House. We would fix a lot of the errors the Liberal government made, including ensuring the munitions President Zelenskyy is asking for will actually be delivered.

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

February 5th, 2024 / 4:20 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, it is a common misconception that liquefied natural gas is somehow good for the climate. The recent decision by the U.S. White House to pause LNG investments to protect the climate is an illustration of the point that, especially where LNG comes from fracked sources, the release of methane means LNG is not only not better than coal but also, on the entirety of its production life cycle, LNG has just as much carbon as burning coal. It is just that it is emitted at a different point in its life cycle.

I ask my hon. colleague from Langley—Aldergrove if he would not agree that it would be better to just call it fossil gas instead of pretending it is somehow a natural product that is distinguished from other fossil fuels.

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

February 5th, 2024 / 4:20 p.m.


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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, on the west coast, we know a lot about natural gas, and we now have the technology to convert it into liquid form, put it onto ships and ship it safely across the country. This is exactly what western Europe is requiring to get it natural gas coming from Russia. It just makes sense that friends should be helping friends out, particularly in a time of war. This is a missed opportunity by the Liberal government.

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

February 5th, 2024 / 4:20 p.m.


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NDP

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

Madam Speaker, I enjoyed travelling with my Conservative colleague when the transport committee toured the ports of Canada, and I listened intently to his views on this subject.

I had a chance recently to meet in Edmonton with the consul general of Ukraine. We discussed this matter and what he called for was unanimity and the full-throated support of the House. He was a bit astounded that there are members who intend to vote against this free trade agreement.

I wonder if my colleague has had a chance to consult specifically with representatives from Ukraine about the content of this free trade agreement and what they have told him.

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

February 5th, 2024 / 4:20 p.m.


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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, what a lot of Ukrainians are concerned about is something I read in The Globe and Mail today, which is that apparently the Prime Minister's Office had specifically invited the known Nazi who was here when President Zelenskyy was in the House. The invitation read, in part, “Dear Yaroslav Hunka, The Right Honourable...Prime Minister of Canada, is pleased to invite you to a special event...September 22”. This seems to have come directly from the Prime Minister's Office and Canadians, particularly those of Ukrainian descent, have the right to be concerned about that.

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

February 5th, 2024 / 4:25 p.m.


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Conservative

Michael Kram Conservative Regina—Wascana, SK

Madam Speaker, I am pleased to have the opportunity today to speak to Bill C-57, an act to implement the 2023 free trade agreement between Canada and Ukraine.

I have to admit that, when I first glanced at the title of this bill when it was tabled in the House of Commons last fall, I was glad to see it for a few reasons. The first reason was that Conservatives support Ukraine. Ever since Russia's illegal invasion of that country two years ago, it has become imperative that all countries support Ukraine to preserve the rules-based international order. Otherwise, the international community risks backsliding into a pre-World War II era in which large, powerful countries are able to invade and annex their smaller neighbours with no repercussions. This is a concern I have heard many times in my riding of Regina—Wascana, not just from the many Ukrainian refugees who have moved to Saskatchewan, but also from ordinary citizens with no particular connection to Ukraine. Therefore, anything that we can do to support Ukraine is a good thing.

The second reason I had high hopes for this bill is that Conservatives support free trade. Long gone are the days of economic nationalism when governments insisted on an unlevel playing field to protect domestic companies at the expense of consumers. Instead, Canadians and the international community have come to recognize the benefits of free trade. It allows Canadian companies to pursue new opportunities and to find new customers for their products and services, and it allows Canadian consumers to enjoy a variety of products and services from all around the world at the lowest possible prices. In fact, Conservatives' support for free trade goes back many years to the times of former prime ministers Stephen Harper and Brian Mulroney.

Finally, I thought that, if nothing else, the Canada-Ukraine free trade agreement would give us something different to talk about. For example, we have had many, many debates in the chamber about the Liberals' carbon tax. I know I have received many emails and phone calls from my constituents about the carbon tax and how it is making life more expensive every time they fill up their tanks with gas, go to the grocery store to do their shopping and pay their home heating bills.

I thought that this bill would give us a break from talking about the carbon tax because a free trade agreement should have nothing to do with the carbon tax. Therefore, I have to say that I was surprised and disappointed to find that the Liberals' carbon tax has made its way into our free trade agreement with Ukraine. In chapter 13 of the agreement, which is the environment chapter, under article 10, Ukraine would be required to “promote carbon pricing and measures to mitigate carbon leakage”.

Free trade agreements are supposed to be about trade and encouraging the free flow of goods and services between two countries. The free trade agreement should not be about imposing a carbon tax on Ukraine. The same Liberal carbon tax that has been making life more difficult for Canadians would soon be making life more difficult for Ukrainians, assuming this bill were to pass.

Not only is a carbon tax the last thing Canadians want, but it is also the last thing Ukrainians need, given that they are in the middle of a war. It would make infinitely more sense to help Ukrainians win the war first and remove every Russian soldier from Ukrainian soil before beginning any talk about a carbon tax and how to implement a carbon tax in the middle of a war zone.

I was also hoping that this bill would give us a break from talking about the Liberals' unrealistic net-zero emissions targets. Over the last eight years, the Liberals have come up with a long list of very expensive net-zero emissions targets, including phasing out fossil fuels, restricting fertilizers for farmers and ending the sale of gas-powered cars, which are all initiatives that would make life less affordable for Canadians. Therefore, I thought that this bill would give us a break from talking about these net-zero emissions targets because, obviously, free trade should have nothing to do with net-zero emissions targets. I have to say again that I was disappointed that the Liberals' net-zero emissions targets have made their way into our free trade agreement with Ukraine.

Under chapter 13, article 10, Ukraine would be required to “transition to net-zero greenhouse gas emissions by 2050.” Transitioning to net-zero emissions has proven difficult enough for Canadians to do, and we do not have a war going on in this country. We do not have the Russians bombing us every day as the Ukrainians do. It is ridiculous to expect Ukrainians to meet this goal given what they are going through right now.

It has also been well documented that the Russians have been targeting the Ukrainian power grid to maximize human suffering. If the Ukrainian power grid is going to be in shambles for the foreseeable future, one can reasonably expect that they will have to rely on various backup diesel generators and gas-powered vehicles for some time to come. It is not realistic to expect them to switch to electric cars. It is not realistic to expect them to switch to electric tanks or electric armoured personnel carriers. It is not realistic to expect Ukrainian rockets to stop burning rocket fuel, Ukrainian jets to stop burning jet fuel or Ukrainian helicopters to stop burning fuel any time soon.

I was also hoping that the debate over this free trade agreement would give us a break from the debate over the phase-out of coal because a free trade agreement should have nothing to do with the phase-out of coal. However, once again, the Liberals' plan to phase out coal has made its way into the free trade agreement with Ukraine. In chapter 13, article 10, Ukraine would be required to “promote the rapid transition from unabated coal power”.

It should be plain to see that imposing the phase out of coal will be a major burden to the Ukrainian people, who quite frankly, have more pressing concerns. Approximately 25% of Ukraine's electricity comes from coal, although that number is very volatile, given that they are in the middle of a war and that the Russians have been consistently targeting Ukrainians' power grid. It is very conceivable that Ukraine may have to rely on coal for quite some time to come.

When President Zelenskyy addressed Parliament last fall, he could not have been more clear that fighting and winning the war was his number one priority. There are questions that have to be asked. How would this free trade agreement help Ukraine to win the war? How would imposing a carbon tax on Ukraine help them stop more Russian soldiers from occupying Ukrainian soil? How would imposing net-zero targets on Ukraine destroy more Russian tanks? How would shutting down Ukrainian coal plants sink more Russian ships in the Black Sea? Of course, the sad answer is that these measures would not be helpful to the Ukrainian war effort. Therefore, they should not be in this free trade agreement, and they should not be supported.

Another topic that President Zelenskyy addressed in his speech in this chamber last September was Russia's weaponization of its energy exports. One of the best things Canada could do to help Ukraine win the war would be to increase Canadian oil and gas exports to western Europe so they can stop buying from Russia. Every dollar that western Europe spends on Russian oil and gas only enables Vladimir Putin to buy more bombs, planes and tanks to use against the Ukrainians. This Liberal government should be embarrassed for not doing more to increase Canadian oil and gas exports to Europe.

I think that I can best summarize the differences between the parties in their support Ukraine in this way: Conservatives support Ukraine unconditionally, while the Liberals support Ukraine with strings attached.

There is no reason for this free trade agreement to be pushed forward now. The current free trade agreement between Canada and Ukraine, which was signed in 2017, can stay in place until after the Ukrainians have won the war and are ready to sit down with us. In the meantime, Canada should continue to be generous in welcoming Ukrainian refugees to our country, and we should continue to be generous in our economic and military aid to Ukraine.

As for Bill C-57, I believe that we should not be in favour of the bill. The Liberals should withdraw the bill, and we should let the current free trade agreement stay in place until the war is won. After the war is over—

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

February 5th, 2024 / 4:35 p.m.


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

The hon. member is out of time by quite a bit.

The hon. member for Guelph has the floor.

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

February 5th, 2024 / 4:35 p.m.


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Liberal

Lloyd Longfield Liberal Guelph, ON

Madam Speaker, the hon. member sits with me on the environment committee. During the committee discussions we have talked about carbon pricing mechanisms around the world. Something we have not talked about explicitly is that Ukraine has had a carbon price mechanism with a net effective carbon rate since 2018 and that the EU is working on carbon border adjustment mechanisms that Ukraine is aligning itself with so that countries that do not have carbon pricing mechanisms will effectively be charged a tariff as they export to countries with carbon pricing.

Could the hon. member comment on how, if we did not have carbon pricing in Canada, we would actually end up hurting our trade with countries that do have carbon pricing, such as Ukraine?

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

February 5th, 2024 / 4:35 p.m.


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Conservative

Michael Kram Conservative Regina—Wascana, SK

Madam Speaker, I enjoy working with that hon. colleague on the environment committee as well. The last time I checked, Ukraine's carbon tax was about one dollar per tonne. Canada's carbon tax is $65 per tonne, and is scheduled to increase to a $130 per tonne by the end of the decade, so I think it is plain to see that expecting the Ukrainians to increase their carbon tax by 130-fold would have a very negative effect on their ability to win the war.

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

February 5th, 2024 / 4:35 p.m.


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Bloc

René Villemure Bloc Trois-Rivières, QC

Madam Speaker, I am always amazed to hear that we support Ukraine, that they support Ukraine, that everyone supports Ukraine, yet we always find ourselves debating the carbon tax.

The Conservative Party's relationship with the carbon tax worries me.

Is my colleague's relationship with the carbon tax one of obsession, hyper-fixation, anxiety or insanity?