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 5th, 2024 / 5:45 p.m.


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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, I would simply say that Ukraine is looking to the world for support in its struggle against Russia. It is looking to the world for fighting the war now and rebuilding later. What is noticed around the world is when countries have divisions within their parliaments and legislatures with respect to support for Ukraine. We are seeing that in the United States. This is very concerning to Ukrainians and they are very concerned about seeing the same pattern here in Canada. They really want to see unanimous support to show the rest of the world that we are behind Ukraine.

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

February 5th, 2024 / 5:45 p.m.


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Bloc

Julie Vignola Bloc Beauport—Limoilou, QC

Mr. Speaker, right now we are voting on a bill to implement an agreement. To my knowledge, members of Parliament are never included in the process of negotiating agreements. We are presented with a fait accompli.

Since we cannot amend agreements, what does my colleague think of the attempts that we are seeing in the House to amend agreements and policies, instead of voting on a bill?

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

February 5th, 2024 / 5:45 p.m.


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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, I would simply say that I would rather we have a culture in this place where Parliament is asked about free trade agreements and negotiations before they happen, which is what I mentioned in my speech about the minister telling us here in Parliament when her team is going into negotiations with another country, in this case Ecuador, so that we can look at that situation and say what our priorities should be for Canadians and Canadian workers. That way we can have an influence over the negotiations and give advice to the negotiators before things happen. As the member said, we are just simply presented with a fait accompli, and we have to vote yea or nay on that. I think we should have more say before negotiations start and we should have a proper amount of time to examine the bill before this debate happens, and that, I am hoping, will happen in the future.

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

February 5th, 2024 / 5:45 p.m.


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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Mr. Speaker, the reality is, as the member for Sherwood Park—Fort Saskatchewan argued before, that there is no other trade deal that Canada has that has implemented a carbon tax in it. I would argue, and it is a very reasonable argument that can be made, that what Ukraine does not need is a carbon tax; what it does need are weapons.

When Bill C-57 went to committee, the member Sherwood Park—Fort Saskatchewan proposed amendments to the bill that would expedite the sending of weapons to Ukraine, and yet the NDP voted against that amendment to the bill. My question is: Why?

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

February 5th, 2024 / 5:45 p.m.


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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, there is a lot in that question.

I would first say that there is nothing in this free trade agreement that forces a carbon tax or carbon pricing on Ukraine. Ukraine already has that. However, there is a statement in the agreement that says that nothing in this agreement will force either of the two countries to change their environmental policies or laws. That is just a false argument from the start.

Second, we had an amendment about Canada providing more military support and armaments to Ukraine. I voted against that for two reasons. One, it was totally out of the scope of the bill and so we could not really listen to that; we could not hear it. Two, this is a free trade agreement. It is about setting the rules between two countries on how they trade with each other. It is not about sending aid to Ukraine.

Ukraine needs armaments. I remember the very first day of the war that President Zelenskyy said, “I need ammunition, not a ride”. However, this is a totally separate question. If we had voted in favour of that amendment, it would have sent the whole agreement back to the negotiating table, and it would have set it back weeks or months, who knows how long. Of course, I voted against that.

Ukraine wanted this bill passed as it was, it wanted it passed unanimously, and I am proud to say that is what I am doing.

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

February 5th, 2024 / 5:50 p.m.


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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, I really enjoy hearing Conservatives say, “Mr. Speaker, what Ukraine does not need”. However, what Ukrainians do not need is the member for Barrie—Innisfil telling them what they need. Ukraine does not need that. What Ukrainians need is for the member for Barrie—Innisfil to actually start listening to them when they tell him what they need.

A lot of this discussion has been on the carbon tax specifically. I could not help but notice that yesterday even the darling of the alt-right, Elon Musk, tweeted out, “The only action needed to solve climate change is a carbon tax.” Even Elon Musk is jumping on board and saying the same thing.

When it comes to the carbon tax, how out of touch are these Conservatives?

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

February 5th, 2024 / 5:50 p.m.


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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, I saw that tweet from Elon Musk, and I would disagree with him in saying that it is not the only thing we need, but it is the first thing we need. It is the easiest, cheapest way to bring down our emissions and help solve the climate crisis. We will need to do everything else, but that is the first thing we need to do.

We have had it in British Columbia for over a decade and it has worked, despite what Conservatives say, and despite Conservatives telling my constituents that we should get rid of the federal carbon tax to help my constituents; we do not pay a federal carbon tax in British Columbia. However, it is an essential part of any country's fight and any jurisdiction's fight against climate change.

I am boggled by the fact that the Conservatives do not get that. I am happy that Elon Musk gets it, because I do not agree with everything Elon Musk says. It is certainly the easiest and cheapest way to fight climate change, and we need to do it and everything else.

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

February 5th, 2024 / 5:50 p.m.


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Bloc

René Villemure Bloc Trois-Rivières, QC

Mr. Speaker, I fear I may disappoint my colleagues, because I will not be talking about the carbon tax.

It is often said that the desire to appear clever stops us from actually becoming clever. That is what I will try to show today. I want to comment on Bill C‑57, which seeks to review the free trade agreement between Canada and Ukraine, but I will talk about it in a different way.

For centuries, people around the globe have heard Hamlet asking one of the big questions: “To be, or not to be, that is the question.” That is the way he put it, but I will rephrase the question: “To be, or to appear to be, that is the question”. In other words, is it better to be or to appear to be?

When it comes to free trade, Canada seems to have made up its mind. It has chosen to appear to be. When I think of “appearing to be”, the word that comes to mind is “minimum”, meaning the very least, the bare minimum. The agreement does not say that this is the minimum that we want. It says it is the minimum that we are going to agree on.

Last weekend, an article in La Presse caught my attention. The headline read: “Is Canada doing the minimum for Ukraine?” The article quoted authors Justin Massie and Nicolas‑François Perron, who argued that Canada's primary objective is to be perceived as a “reliable ally”. That is a quality it shares with golden retrievers. I am just throwing that in for those in the know.

The authors also proved that Canada was doing the bare minimum, favouring actions that look good over those that actually work. In their chapter of a book that is soon to be published—in French, I should mention—by the Presses de l'Université Laval, they scrutinize the help Canada has offered to Kyiv. The authors argue that, far from being a leader in the pro-NATO camp, Ottawa is content to echo the positions of its allies and offer “very modest” military support to Ukraine. They write that “Canada's desired objective has more to do with being perceived as a reliable ally than any other consideration, including Ukrainian victory against Russian aggression”. We need to be clear on that. We are debating the free trade agreement, but it seems like much ado about nothing.

The authors also say that Canada's policy is to project a certain image—surprise, surprise—and that waving the maple leaf flag is its main objective. That reminds us that Canada's foreign policy is a bit half-baked. In terms of total aid provided to Ukraine as a share of GDP, Canada is basically a big Portugal. Well ahead of Canada are Latvia, Estonia, Lithuania, Slovakia, the Netherlands, Finland, Czechia, Croatia, Slovenia and Portugal. So much for impressing others.

Canada has provided significant financial aid in the form of loans. However, if we consider overall aid, including financial, humanitarian and military aid, as a share of GDP, Canada ranks 31st out of 39 countries. Quite honestly, we are currently debating the smallest of details right now. As I was saying, Canada is basically a big Portugal, but we need to be careful. According to those experts, Ottawa is doing just enough in Ukraine to be perceived as a “reliable ally”. They say that this level of action will result in very few political consequences. Basically, that is all that is expected from Canada in its current state. This is not a government priority. One of the experts believes that the government is “more interested in provincial jurisdictions than its own”. That is a subject that the Bloc Québécois cares about. That expert also said that Canada does not have a very good track record.

There is nothing new so far. Since 2015, Canada's foreign affairs policy seems to have been vague and opportunistic at best. All the same, there are a few things in the bill worth noting. Of the 30 chapters, 11 are new and were not in the 2017 agreement. I should point out that it was the Bloc Québécois that managed to get the only amendments to the bill adopted, thanks to my colleague, the member for Saint-Hyacinthe—Bagot. The agreement is supposed to help people try to curb corruption. They know a thing or two about that. It is no secret that, before Russia invaded, Ukraine ranked pretty poorly on that score.

In any case, the agreement aims to create voluntary codes of conduct and self-regulation so that people can set guidelines for themselves. Frankly, this is a pipe dream. It is not going to happen. The agreement says that it is inviting the countries to work together towards respecting each other's laws. Once again, this is the bare minimum, and no one is reinventing the wheel. Basically, this is the goal in the areas of labour, the environment, gender equality, human rights and corruption. Right now, labour, the environment and human rights are not the main concerns in Ukraine. Nevertheless, that is where we are at, and it comes off as a bit of a lecture.

Despite its statement of principle, there is no plan for Canada to meet its commitments, which is problematic, or at the very least unimpressive. It is important to understand that Ukraine is a marginal trading partner for Canada. We are talking about 0.2% of $760 billion. In other words, we are talking a lot about very little in terms of trade. In reality, the revised agreement will have little impact on Canada and Quebec.

As I said at the start, everything I have just laid out over the past few minutes shows that we are still in the land of appearances. To appear is to be on show. Speaking of being on show, the Minister of Foreign Affairs made an appearance in Ukraine last weekend to talk about issues that matter to her. To be on show is the bare minimum of taking action. Nevertheless, the Bloc Québécois will support the bill. The risk is low. We are going to try to avoid pointless debates on the carbon tax, which our colleagues are so obsessed with, and focus on offering our assistance to the extent that the bill allows. However, I want to make it clear that, while we may be a reliable ally, reliability is the bare minimum required to be an ally.

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

February 5th, 2024 / 5:55 p.m.


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Liberal

Brenda Shanahan Liberal Châteauguay—Lacolle, QC

Mr. Speaker, I really appreciated my colleague's speech. Even though I do not agree with everything he said, his speech was very eloquent. It is a pleasure to hear arguments and a speech that is well thought out.

In his speech, he demonstrated how one can be critical of a bill and still support it. I would like him to elaborate on that.

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

February 5th, 2024 / 6 p.m.


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Bloc

René Villemure Bloc Trois-Rivières, QC

Mr. Speaker, the fact that the debate was hijacked, basically kidnapped by people in the Conservative Party who wanted to turn it into a debate on the carbon tax is deplorable. It is truly unacceptable.

We are talking about helping a country at war through a free trade agreement that we are revising. However, we have done everything but that. Frankly, they found problems where none exist, and I completely agree with the member that it is time to take action. Even if the action is minimal, we have to do it.

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

February 5th, 2024 / 6 p.m.


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Bloc

Simon-Pierre Savard-Tremblay Bloc Saint-Hyacinthe—Bagot, QC

Mr. Speaker, as my colleague from Trois-Rivières said, the only amendment made to the bill was our own. It aims to make the agreement a little less about appearances and a little more about obligation.

It is all well and good to include several chapters on responsible business conduct, but if there is no real follow-up mechanism, we are left with fine principles. That is why I am quite pleased that the amendment we brought forward in committee was the only one accepted.

I was against all of the Conservative amendments because I think it is extremely dangerous to include arms sales in a trade agreement. It is nonsense, in my opinion. Nevertheless, I always voted when it was time to accept their admissibility, because I do not think it makes any sense for us to always be presented with a done deal when it comes to trade agreements.

My colleague was apparently an ethicist in a former life. I have read his biography. Does he think it is ethical to have such a lack of transparency or such a lack of control in a so-called house of democracy when it comes to something as important as a huge agreement between countries?

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

February 5th, 2024 / 6 p.m.


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Bloc

René Villemure Bloc Trois-Rivières, QC

Mr. Speaker, my colleague's questions are always straight to the point and quite brilliant.

What enables trust in a given environment? I would say that it is the ability to understand. If people want to understand, they need to be informed.

Certainly, being presented with a bill, law, or treaty that is essentially a done deal does not allow us to engage with each other and make it our own. We can assess it, but we do not really own it. I believe that our aim here, in the house of democracy, must be to build trust. To do this, we need to be better at sharing information.

The risk is quite simple: If we do not build trust, we breed mistrust. If we do not address mistrust, we end up with non-confidence.

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

February 5th, 2024 / 6 p.m.


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The Deputy Speaker Chris d'Entremont

Is the House ready for the question?

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

February 5th, 2024 / 6 p.m.


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Some hon. members

Question.

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

February 5th, 2024 / 6 p.m.


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The Deputy Speaker Chris d'Entremont

The question is on the motion.

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