Bill C-57

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

[Matt Jeneroux, Conservative, Edmonton Riverbend, AB]

Madam Speaker, it is a pleasure to once again rise in this place to speak to the Canada-Ukraine Free Trade Agreement.

When we talk about the importance of the Canada-Ukraine relationship, we have to talk about the 1.3 million Canadians of Ukrainian origin who live here in Canada. Many of them were integral to the development of western Canada. They are an incredible and important part of the social fabric of Canada, and their contributions to Canada cannot go unnoticed. As a result of that, we have very strong people-to-people ties between Canada and Ukraine. Of course, we are strong supporters of Ukraine during the illegal invasion being prosecuted by Russia.

In addition, with respect to this agreement in particular, this modernization of the agreement would build on the 2017 agreement which updated or added 11 new chapters to the free trade agreement. The updated chapters include rules of origin and procedures, government procurement, competition policy, monopoly and state enterprises, electronic commerce, digital trade, labour, the environment, transparency, anti-corruption and responsible business conduct.

There is also a significant number of new chapters. There are 11 new chapters, to be frank. These are on investment; cross-border trade in services; temporary entry for business people; development and administration of measures; financial services; services and investment, non-conforming measures; telecommunications; trade and gender; trade and small and medium-sized enterprises; trade and indigenous peoples; and good regulatory practices. This is a substantial change from the original agreement which was signed in 2017.

In 2021 alone, Canada processed some $220 million in exports and $227 million in imports with Ukraine. Given Ukraine's GDP has dropped some 30% since Russia's invasion, trade with Canada is welcomed now more than ever. For some context, some of the larger exports from Canada to Ukraine include vehicles and parts, fish, and pharmaceuticals. When it comes to imports to Canada, it is largely cereals, iron and steel to name a few.

I want to spend the majority of my speech talking about the people and largely the people in Edmonton.

When the Ukrainian president was here in Ottawa, he reminded Canada and the world about Edmonton's close connection to his country. Soon after taking the podium right up there, he brought up my city in talking about our links to the destiny of Ukraine and the Ukrainian Canadian community. He mentioned a statue that has stood outside Edmonton City Hall since 1983. It was a proud moment for many Edmontonians, especially with his call for another monument there on victory day when Ukraine conquers and wins this Russian war against Ukraine. This was stated no more clearly than by the president of the Ukrainian Canadian Congress Alberta Provincial Council, when she stated, “This is amazing. He's paying attention. He knows who we are.”

The Ukrainian Canadian Congress Alberta Provincial Council has done incredible work during this war. It is a non-profit organization that provides leadership, advocacy, coordination and connections. It officially represents the needs of Ukrainian Canadians in Alberta before the people and the Government of Alberta. It aims to promote knowledge, respect for Ukraine's history and sovereignty, and acknowledgement of the great contributions of Ukrainians within Canada. Since the war began, over 12,000 Ukrainians have already come to Edmonton.

Some of the work that Ukrainian Canadian Congress Alberta Provincial Council is doing is phenomenal, to say the least. It is providing $200,000 to support Ukrainian organizations with programming and membership for newcomers. It spent $32,000 in grocery gift cards for newcomers. It put up a website with resources and tools for newcomers. Together with the Firefighter Aid Ukraine organization, it filled the first plane to Ukraine with medical and emergency supplies.

Other of its activities include assisting with crisis needs, including emergency housing, financing the purchase of medical equipment, organizing a furniture donation warehouse, distributing furniture to thousands of newcomers, organizing free English language classes, organizing job fairs, hosting information and welcome events for newcomers, weekly rallies protesting against Russian aggression, fundraisers to support settlement, government advocacy, distributing SIM cards, distributing pallets of clothing throughout Alberta, providing laptops and computers to Ukrainians in need, coordinating mental health support and resources and, of course, welcoming Ukrainian nationals at the airport. As someone who flies a lot, being able to see those Ukrainians come to the Edmonton airport and connect with someone as they get off the plane is nothing short of heartwarming.

I want to talk about a few of the people and initiatives, particularly three Edmonton firefighters. Three Edmonton firefighters went to Ukraine to teach first responders a modified version of the NATO standard tactical combat casualty care course. They were all volunteer firefighters through the Firefighter Aid Ukraine organization. They taught 70 firefighters and police officers, who then trained other firefighters and police officers across Ukraine.

The medical course they taught focused on life-saving interventions for injuries associated with military attacks on civilian populations. They focused on critical and acute injuries, and even mental health. The president of the association stated:

Individuals who have not performed in an emergency responder role previously, have now taken on that role in Ukraine. As such, they do not have this kind of training and it is imperative for them to have it, given the situations they are dealing with in their roles.

In addition to the training, the firefighter group also brought over supplies of PPE, and specialty equipment for treating patients and saving lives. This is not new to this organization. In May 2017, it filled a shipping container with medical supplies, tools and emergency response equipment, which was then sent to Ukraine. Just last September, a group of seven firefighters and one dispatcher also went overseas to Ukraine.

Another example is of Edmonton artists who are donating their works to Ukrainian aid. A number of local artists donated to a fund created by the owners of the West End Gallery in Edmonton. The campaign raised almost $29,000. It did not have an auction. This was a call to answer by its customers. It is adamant that the full amount of the sales went directly to those who needed it the most.

The group contacted the former Alberta premier, a dear friend of mine, Ed Stelmach, whose grandparents came to the province as Ukrainian immigrants. Stelmach and his wife, Marie Stelmach, founded and have administered The Ed Stelmach Community Foundation since 2007. The foundation fosters a culture of charity and equality for all Albertans, and is overseen by a volunteer board.

The support did not stop there. Suddenly, we saw tens of thousands of Ukrainians fleeing their war-torn country, and an Edmonton mother and daughter decided to team up to help the new arrivals, who had arrived with very few belongings. The two projects they co-founded were a free store and a food kitchen. The duo launched the Free Store for Ukrainian Newcomers at a temporary site and then moved downtown to an Edmonton building provided rent-free by MacEwan University. The facility provides clothing, diapers, pillows, toys and household essentials at no charge to newcomers displaced by war.

The second project, the Ukraine Kitchen by Free Store, opened its doors in northeast Edmonton after operating temporarily out of the Cook County Saloon. Pre-ordered Ukrainian food is sold, providing wages for a team of about 14 kitchen workers, who proudly dole out plates of cabbage rolls, perogies, borscht and desserts.

Lastly, there is a furniture store. For nearly 10 months, Ukrainian Canadian Congress, Alberta Provincial Council, has been operating a furniture depot in a northwest Edmonton warehouse to supply newcomers with essentials to set up their homes. Approximately 35 families utilize the free warehouse weekly, and most need mattresses and other supplies. The whole operation is housed in the Boilermakers Lodge 146 building near the High Park industrial area.

This is not new to Edmonton. The Ukrainian Cultural Heritage Village Society was founded in 1971, and I am sure my colleague from Sherwood Park—Fort Saskatchewan will not mind me mentioning it. It has a number of exhibit galleries that provide a closer understanding of Ukrainian settlement in east central Alberta, which has been critical to the education of so many Albertans and Canadians.

These are just some of the reasons Canadians are watching this debate so closely. The Conservative Party is one hundred per cent behind supporting Ukraine, trade and free trade. Free trade between free nations is something we support one hundred per cent. As a member of the international trade committee, I look forward to going through this agreement and hearing debate on this agreement in the House.

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

Madam Speaker, we have heard a great number of members talk about how important the trade agreement is from the perspective of what is taking place today in Europe, which is the war and the illegal occupation of Russia in Ukraine. We have seen a united front on that. On September 22, the President of Ukraine was here, and President Zelenskyy signed this trade agreement. Today we are debating the trade agreement.

My question to the member is something I posed to other members of his caucus. Given the very nature of this particular trade agreement, which has many economic benefits for both Canada and Ukraine, would he provide his thoughts on the powerful message this would send if it were to pass before Christmas? It would be the first trade agreement for Ukraine since the war has begun.

[Matt Jeneroux, Conservative, Edmonton Riverbend, AB]

Madam Speaker, the trade agreement that he speaks of is 700 pages long. It likely will come before the international trade committee soon. I look forward to going through it line by line.

If the member wants to talk about the future agenda of the House, he is in a position, as the parliamentary secretary to the government House leader, to have those conversations. I encourage him to have those conversations with our House leader and other House leaders as we go on.

I do want to refer to when the president, was here, as the member mentioned. He chose one city alone to speak about here in Canada, and that city was my city of Edmonton. That is why I would like to highlight a lot of the work Edmontonians have done to support Ukrainian newcomers.

[Julie Vignola, Bloc, Beauport—Limoilou, QC]

Madam Speaker, contrary to what has been said over and over again in the House since this morning, we are not debating the Canada-Ukraine free trade agreement or its content. We are debating Bill C‑57, which simply implements that agreement.

Basically, it is a 1,000-page, 30-chapter agreement, which parliamentarians have not voted, and will not be voting, on. We will be voting on whether to implement it.

This opens the door to another problem. Is there any chance that future agreements could also be reviewed by a parliamentary committee? What does my colleague think about that?

[Matt Jeneroux, Conservative, Edmonton Riverbend, AB]

Madam Speaker, my good friend from the Bloc Québécois highlighted a really important point about what we are going through right now. Again, the bill is 700 pages, in addition to what happened in 2017 when the initial agreement was signed. Depending on what happens here in the House, this will hopefully come before the international trade committee, which I sit on. I am looking forward to going through it line by line because, ultimately, this is important for Canadians and for the country of Ukraine.

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

Madam Speaker, we are talking about trade agreements today. We have been talking about other trade agreements outside of this one as well. Right now, Canada is negotiating the UK-Canada free trade agreement and my colleague and I have been working together because we know that recipients of British pensions who live here in Canada have had their cost of living indexed and frozen, unlike Canadians who are living in the U.K., who are getting the cost of living increase.

Does my colleague agree that, when these negotiations are taking place, when it comes to trade, that these irritants are impacting Canadians, especially vulnerable seniors? We know that a third of single women in Canada are living in poverty. Does he agree that these need to be a part of the conversation when we are discussing trade with countries like the U.K.?

[Matt Jeneroux, Conservative, Edmonton Riverbend, AB]

Madam Speaker, the hon. member for Courtenay—Alberni could not have brought up an issue closer to my heart as the unfortunate issue facing British pensioners. As the UK-Canada free trade agreement goes forward further, it is certainly something that we have been pushing for to make sure that the U.K. government understands the severe impact it is having on U.K. pensioners living right here in Canada.

[Yvan Baker, Liberal, Etobicoke Centre, ON]

Madam Speaker, last week I had the opportunity to be in the House when the minister introduced this legislation. I was very proud to sit beside her as she introduced it then, and I am very proud to stand here today to speak in support of this important legislation.

This is, to me, good legislation for Canada and good legislation for Ukraine. It is great for our economy. It is not only good for Canadian workers, Canadian investors and business people, but also for Ukrainian workers and Ukrainian business people. Tremendous economic benefits will come to citizens of both Canada and Ukraine if we pass this legislation.

This is also an important step in supporting Ukraine's victory and our collective victory. I heard a number of members here today speak to how supportive they are of Ukraine and how we want Ukraine to win. One of the ways we can do that is to make sure this legislation passes, and passes as quickly as possible.

I want to recall what it was like when President Zelenskyy was in the House just a few weeks ago. He gave a historic speech to our Parliament and then visited the Fort York Armoury in Toronto, where he met with Canadians. To my mind, one of the things that stood out to me in his speech was that he not only came to thank Canada for our global leadership and support of the Ukrainian people as they fight for their freedom, but he also came to ask us to continue to support the Ukrainian people in that fight because it is the right thing to do and Ukrainians are fighting for us as well. It is in our collective interest that Ukraine wins this war.

I think back to the first time President Zelenskyy came to Canada, which was in 2019. I had the pleasure of being at a lunch where he gave an address. A number of my colleagues here in the House were also there. President Zelenskyy was not wearing his military attire, as we are accustomed to seeing him in. He was wearing a suit, and his speech was not about war, but about economy and trade. Most of his speech was dedicated to talking about how he was modernizing Ukraine's economy and making reforms, and he encouraged Canadians to invest and do business with Ukraine for our mutual benefit.

At that time, Canada had a free trade agreement in place with Ukraine, the Canada-Ukraine Free Trade Agreement, but it covered only merchandise trade, the trade of goods. As a result of that free trade agreement, which came into force in 2017, the trade between our two countries grew, but the original free trade agreement did not cover services. Around the time of his visit in 2019, Prime Minister Trudeau and President Zelenskyy announced that they were going to begin again—

[The Assistant Deputy Speaker, NDP, Carol Hughes]

The hon. member is not allowed to mention the Prime Minister by his name. He can use his title, but he knows full well that he is not to mention members by their names.

[Yvan Baker, Liberal, Etobicoke Centre, ON]

Madam Speaker, thank you for that reminder. It was inadvertent on my part.

Around that time, the Prime Minister and President Zelenskyy announced plans to modernize CUFTA. Then came COVID-19, and those negotiations had to be delayed, understandably.

In early 2021 and the fall of 2021, Russia started to amass soldiers around Ukraine's borders. Understandably, the discussions in Ukraine, around the world and here in Parliament were about how we were going to support Ukraine: what we were going to do, what Russia was going to do and how we were going to respond.

I remember that in January 2022, so about a month before Russia's full-scale invasion, the minister approached me and said that she wanted to join me in a Zoom meeting because the government was going to relaunch the negotiations for the modernization of the free trade agreement. This showed, despite everything that was going on, how high a priority this was for Ukraine and for Canada. After the further invasion by Russia continued, those negotiations continued. Again, that showed what a high priority this was for Canada and for Ukraine. When President Zelenskyy was here a few weeks ago, yes he spoke in Parliament and yes he was at the Fort York Armoury to meet with Canadians, but he also signed the free trade agreement with our Prime Minister. This again shows how important this is to both Canada and Ukraine.

What is so great about the new modernized free trade agreement? It would maintain the preferential market access gained in the original free trade agreement with respect to all Canadian merchandise exports to Ukraine, which would be great for Canadian business people and workers. The agreement also includes dedicated new chapters on trade and services, investment, temporary entry, telecommunications, financial services and inclusive trade, and updated chapters on labour, environment, transparency and anti-corruption, among a number of other things.

It would facilitate and enhance co-operation, improve the ability to resolve trade disagreements, promote openness and inclusivity, increase transparency in regulatory matters and help reduce transaction costs for businesses, which is good for business and workers and increases trade. It would commit Canada and Ukraine to respecting and promoting internationally recognized labour rights and principles and the effective enforcement of labour and environmental laws. There would also be significant measures in place to help prevent and respond to corruption.

All in all, this is an agreement that is structured in such a way as to not only benefit Canadian businesses, Canadian employers and workers, but also make sure that the investments that Canadians are making in Ukraine, and vice versa, are protected. Therefore, it is a great economic opportunity for Canada and for Ukraine.

However, there is something else about the agreement that is really important. It is an important step in supporting Ukraine's victory and our collective victory. Let me tell members what I mean by that. As we speak, the Ukrainian people are fighting to defend themselves against Russia's genocidal war. Notwithstanding the courage and the resolve of the Ukrainian people, the situation is dire. Russia is committing genocide every day. Millions of people have become refugees inside and outside Ukraine. Hundreds of millions of people in the global south are facing food shortages and famine because of Russia's invasion and the blockades of Ukrainian food exports, and the war is a primary cause of food and energy inflation around the world. Most importantly, the war poses an existential threat to global security and Canada's security.

The House resumed consideration of the motion that Bill C-57, Canada-Ukraine Free Trade Agreement Implementation Act, 2023, be read the second time and referred to a committee.

[Yvan Baker, Liberal, Etobicoke Centre, ON]

Mr. Speaker, as I was saying before question period, Ukrainians are not only fighting for their freedom but also fighting for all of us, and we need to be fighting for them. Canada has been fighting for them under the government. We have been a global leader in supporting Ukraine. Canada has committed over $9 billion in assistance in financial, military and humanitarian development, along with other assistance. This includes $5 billion in financial aid, which is the largest amount of financial aid, per capita, of any country in the world, along with almost $2 billion in military support, about $350 million in humanitarian support and so much more.

These steps are significant. They are important, and they are having an impact, but it will not be enough until Ukraine wins this war. If we want to stop genocide in Ukraine, global food shortages and inflation around the world, and if we want to protect our own sovereignty and security, we must ensure that Ukraine achieves a decisive victory. That means ensuring not only that Ukraine wins the war by regaining all of its territory including Crimea, Donetsk and Luhansk, but also that Ukraine wins the peace, which means that it is secure as a member of NATO, that we secure reparations from Russia, that there is justice for Russian war crimes and that we help Ukraine rebuild.

This modernized Canada-Ukraine free trade agreement, which we are debating today here in the House, is an important component in helping Ukraine do just that, in helping Ukraine rebuild. It would help strengthen Ukraine's economy. It would facilitate investment and send a message to countries around the world that Canada has confidence in Ukraine, that Canadian business people have confidence in Ukraine, that they want to invest in Ukraine. Those other countries and people around the world who are looking for strong, reliable places to invest can do that too.

This is an excellent piece of legislation. This is an excellent free trade agreement, as I said at the outset of my remarks. This is good for Canada and Ukraine, economically good for Canadian workers and businesses, and good for Ukrainian workers and businesses. It is also an important step in supporting Ukraine's victory, in supporting our collective victory.

I was talking earlier about President Zelenskyy's visits to Canada in 2019 and his most recent visit a few weeks ago. I hope that President Zelenskyy returns to Canada soon after Ukraine wins this war. I hope that he is not focused on speaking about the war anymore, but on rebuilding Ukraine after that victory. I hope that he is once again focused on what he was focused on in 2019, which was how we can continue to expand the relationship between Canada and the Ukraine, not only in building a more secure world but also in expanding trade and our respective economies, something for which this Canada-Ukraine free trade agreement would be the foundation. When that day comes, as I know it will, then we will truly be able to say that it is a great day for Canada and a great day for Ukraine.

It is a great day for Canada and a great day for Ukraine.

Slava Kanadi. Slava Ukraini.

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Mr. Speaker, I think we can all agree that we want to help Ukraine in every way possible and that modernizing the Canada-Ukraine Free Trade Agreement is one way we can do that. I think this is a good step forward.

What concerns me about the bill we are debating today is that the whole process of bringing the new agreement to the House was flawed in every way in terms of the standard policy around bringing new trade agreements to this place. First of all, we were supposed to have a period of debate before beginning the negotiations so members could have some input into that. Second, there is policy around enough time after the treaty has been tabled, to see that, and then time to debate here. None of that was done for this bill. It has been done in the past, so it is not impossible. It is important that people here have a chance to properly debate our free trade agreements. I just wonder whether the member could comment on that.

[Yvan Baker, Liberal, Etobicoke Centre, ON]

Mr. Speaker, I will say a couple of things. One is that I cannot speak in depth about the process. I can speak about the contents of the bill. As I said during my remarks, I really do think this is a great bill for Canadian workers and businesses and a great bill for Ukraine economically as well.

I would also say this when we think about the process around this bill: As I mentioned during my remarks, it was in 2019 that our Prime Minister and President Zelenskyy announced that they were going to negotiate a modernized CUFTA. COVID hit, and then came the war on Ukraine. Despite the war, Ukraine and Canada wanted to negotiate, so a lot has been done to try to finalize negotiations and bring this free trade agreement here to the House as quickly as possible under very difficult circumstances. I just hope that is something we take into consideration as we think about the process that got us here.

[Martin Champoux, Bloc, Drummond, QC]

Mr. Speaker, I would like to congratulate and thank my colleague from Etobicoke Centre for his speech and his commitment. We have the pleasure of serving together on the Canada-Ukraine Parliamentary Friendship Group. I know how deeply committed he is to Ukraine in general and also to the current situation, which affects him personally, as we all know.

The Bloc Québécois is certainly in favour of Bill C-57. We are also in favour of establishing trade relations with Ukraine. This will enable Ukraine to make a quick recovery once the conflict is resolved, once Ukraine's victory is confirmed. This will allow Ukraine's economy to recover quickly.

I have a question about this bill in particular, with respect to the trade agreements Canada enters into with foreign countries.

Why is the government still insisting on leaving clauses like the investor-state dispute settlement, which can hurt democracy in some cases? I would like to know if my colleague is familiar with this concept and what he thinks about it.