Canada-Ukraine Free Trade Agreement Implementation Act, 2023

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

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

Mary Ng  Liberal

Status

This bill has received Royal Assent and is now 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

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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 implement a modernized free trade agreement between Canada and Ukraine, building on the existing 2017 agreement by updating several chapters and adding new ones related to areas such as services, investment, labor, environment, and indigenous affairs. The bill seeks to strengthen economic ties, promote transparency, and support Ukraine's economy during and after the ongoing conflict with Russia, while also considering Canadian interests and values. Concerns have been raised about a potential carbon tax and the need for parliamentary scrutiny.

Liberal

  • Strong support for Ukraine: The Liberal party demonstrates unwavering support for Ukraine's sovereignty and independence, and views the modernized CUFTA as a means to help Ukraine persevere amid the strife of war, modernize its infrastructure, and create jobs.
  • Modernization and expansion: The CUFTA updates and expands upon the original 2017 agreement, adding provisions for trade in services and investments, a binding dispute settlement mechanism, labor and environmental protections, and considerations for small- and medium-sized businesses, women-owned businesses, and indigenous-owned businesses.
  • Benefits for Canada: The agreement opens new avenues for Canadian companies to invest in Ukraine's reconstruction, modernize its infrastructure, and create jobs in both countries, while also aligning with Canada's trade diversification strategy and promoting inclusive trade.
  • Call for swift passage: The Liberal speakers urged the House to reaffirm its commitment to supporting Ukraine by ensuring the prompt passage of Bill C-57, allowing the agreement to benefit both nations economically and to send a strong message of solidarity to Ukraine.

Conservative

  • Support for free trade: The Conservative party supports free trade between free nations, viewing it as vital for improving prosperity. Conservatives highlight their history of initiating and negotiating key free trade agreements like CETA, CPTPP, and the original Canada-Ukraine agreement.
  • Critical of rushed process: While generally supportive of free trade with Ukraine, Conservatives express concern about the government's attempt to quickly pass the bill without adequate scrutiny and consultation. They want to ensure that the agreement is thoroughly studied and benefits Canada, cautioning against repeating past mistakes with other trade agreements.
  • Focus on energy sector: Conservatives emphasize the importance of Canada's energy sector and its potential to displace Russian energy in Europe, including Ukraine. They criticize the government's lack of action in developing LNG export facilities and suggest exploring opportunities for nuclear energy cooperation with Ukraine.
  • Need for stakeholder consultation: The Conservatives stress the importance of consulting with stakeholders, especially in the agricultural sector, to ensure the trade agreement benefits Canada. They express concern about potential negative impacts on Canadian industries due to sanitary and phytosanitary measures and the need to address non-tariff barriers.

NDP

  • In favour of free trade: The NDP are in favour of free trade agreements that protect and create Canadian jobs, protect the environment, and promote the well-being of citizens. The success of trade deals should be measured by good labour agreements and environmental and human rights laws.
  • Support for Ukraine: The NDP strongly supports Ukraine, especially during the Russian invasion, and views the updated free trade agreement as a positive step in strengthening the Canada-Ukraine relationship. The party emphasizes the importance of being a helpful trading partner to Ukraine during these difficult times.
  • Transparency concerns: The NDP is concerned about the lack of transparency and consultation in the negotiation and tabling of the bill, as the bill was tabled only last Tuesday and the NDP caucus has not had time to discuss it. They want Parliament to have input into trade negotiations before they begin and sufficient time to debate treaties before ratification.
  • Indigenous rights: The NDP wants to ensure the protection of Indigenous rights within the trade agreement. They are calling for a non-derogation clause to be included in the legislation to ensure that the established rights of Indigenous people in Canada are not undermined.

Bloc

  • Supports the modernized agreement: The Bloc Québécois will vote in favour of the modernized 2023 agreement with Ukraine in principle. It sees the updated agreement as an improvement over the 2017 version, with more stringent implementation mechanisms and clearer terms.
  • Parliamentary input is limited: The Bloc is concerned about the limited ability of Parliament to amend Bill C-57 and influence the contents of international treaties. They believe that elected representatives should have more involvement in shaping trade agreements, rather than simply approving or rejecting them.
  • Criticism of investor-state provisions: The Bloc opposes the inclusion of investor-state dispute settlement provisions, which allow foreign multinationals to sue a state if a policy hampers their ability to turn a profit. They view these provisions as a threat to national sovereignty and an impediment to governments legislating on social justice, the environment, and public health.
  • Concern about responsible business conduct: The Bloc finds the chapter on responsible business conduct to be inadequate. They believe it lacks teeth as it merely encourages businesses to adopt voluntary guidelines and principles of corporate social responsibility, without any oversight or verification mechanisms.

Independent

  • In support of Bill C-57: The member supports Bill C-57, highlighting its role in modernizing the Canada-Ukraine Free Trade Agreement (CUFTA) by building upon the original 2017 agreement through the addition of 11 new chapters and provisions.
  • Economic support for Ukraine: The member believes Canada should leverage its economic capabilities to support Ukraine, including exporting Canadian liquefied natural gas to decrease European dependence on Russian gas. He stresses the importance of ensuring trade agreements benefit both Canada and Ukraine.
  • Acknowledges Conservative contribution: The member commends the Conservatives for negotiating the original Canada-Ukraine Free Trade Agreement and supports free trade with Ukraine, while recognizing Ukraine's need for assistance due to Russian aggression.
  • Details of updated CUFTA: The updated CUFTA includes new chapters and provisions focusing on trade in services, such as financial investment, digital trade, and labor. It also incorporates elements of progressive trade, including sections on indigenous peoples and a substantial chapter on the environment.

Green

  • Climate change in trade agreements: The speaker notes that while some Liberal MPs have said this agreement makes an effort to name and tackle climate change, this is not accurate, and there is still a long way to go in addressing the ways the World Trade Organization undermines climate agreements.
  • Trade sanctions needed: The speaker argues for the importance of trade sanctions in international treaties to ensure compliance, referencing the success of the Montreal Protocol. She laments Canada's shift away from supporting trade sanctions in climate agreements due to the influence of the World Trade Organization.
  • WTO undermines environmental protection: The speaker contends that the World Trade Organization has prioritized trade over environmental protection, undermining agreements like the Montreal Protocol and hindering climate action. This is because the WTO asked whether environmental agreements get in the way of trade, rather than whether trade agreements get in the way of environmental protection.
  • Investor protection agreements: The speaker advocates for removing investor protection agreements that undermine democracy, environmental protections, and labor protections. She notes that these agreements allow foreign corporations to sue governments if they feel their profits are threatened by government actions.
Was this summary helpful and accurate?

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

November 20th, 2023 / 4:15 p.m.

NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, of course, I am very much a supporter of free trade with Ukraine and anything else we can do to help a democracy stand up against an invasion of its territory.

I am a little concerned by the Conservatives saying that their support for Ukraine is unequivocal and then saying that it has limits, and that they seem concerned about the cost. There seems to be a bit of a contradiction in the speech, saying there is unequivocal support and then saying that we have to know how much it costs before that support is unequivocal.

I know that the government and New Democrats certainly stand with Ukraine. We do not want to offer any hope to Russia that we are somehow going to abandon Ukraine, which I am afraid the member's speech did toward the end.

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

November 20th, 2023 / 4:15 p.m.

Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, it is a good question because it would appear as though perhaps there is an inconsistency in our position. There is not.

Conservatives support Ukraine. We negotiated the first free trade agreement. We support free trade. There is currently a free trade agreement in place. It works. There is nothing wrong with it. In fact, if anything, it is in favour of Ukraine. That was negotiated intentionally to help a fledgeling company in its pursuit of democracy and freedom and the rights of humans and the furtherance of democracy.

Do we want to know what the cost is? Absolutely, we do not just blindly rush into things such as national pharmacare and free dental for everybody without wanting to know the cost.

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

November 20th, 2023 / 4:15 p.m.

Liberal

Chandra Arya Liberal Nepean, ON

Madam Speaker, at the international trade committee, we had the Ukrainian ambassador, and we had a very good interaction with her. She emphasized Ukraine's desire to see this legislation go through. She emphasized the importance of this legislation, specifically touching upon the huge infrastructure that has been damaged, the cost of which is about $400 billion.

She also emphasized that we need to get ready now so that Canada can be a partner in the rebuilding of Ukraine. She explained that last year, at the Ukraine rebuilding conference, which was held in Canada, was overcrowded with Canadians companies and Ukrainian companies getting ready for the war to be over and to rebuild Ukraine.

I would like to have the hon. member's comments on that.

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

November 20th, 2023 / 4:15 p.m.

Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, I am not sure what the question was in that comment. Canada and Conservatives, from a Conservative position, stand eager to help Ukraine in its rebuilding. We know that a free trade agreement is going to be part of that, so that it will enable us to supply them with what it needs to regain its position as the breadbasket of Europe.

Ukraine has tremendous agricultural assets that we can leverage here from Canada. We have got the expertise. We have got equipment manufacturing. We are going to be very willing and eager to stand with it in its rebuilding process.

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

November 20th, 2023 / 4:20 p.m.

Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, it is an honour to rise today to speak to Bill C-57, an act to build onto the existing Canada-Ukraine Free Trade Agreement. I want to thank my colleague from Dufferin—Caledon for his work in examining this bill and working to strengthen the economic bond between Canada and Ukraine.

As many of my fellow members already know, I proudly represent the constituency of Dauphin—Swan River—Neepawa, a region that is home to many Ukrainians. The community of Dauphin, Manitoba, is proudly home to Canada's National Ukrainian Festival. The Parkland region has a rich history in celebrating Ukrainian culture and heritage, and the region shares a strong bond with the people of Ukraine. Much of my constituency was built by the people who immigrated to Canada from Ukraine generations ago. It does not take much to notice the incredible contribution that Ukrainians have made to the social, cultural and economic fabric of Canada.

I, along with my Conservative colleagues, unequivocally support Ukraine, especially over the last 20 months during Russia’s illegal war, which was launched on the Ukrainian people. I will remind members that it is our responsibility as members of the House, alongside our allies, to ensure that Vladimir Putin and those aligned with him are held accountable for their war crimes in Ukraine. These individuals must face prosecution at both the International Criminal Court and the International Court of Justice.

Since Vladimir Putin invaded Ukraine in February of 2022, Canadians have been united in supporting the people of Ukraine in their fight for freedom and defending their sovereignty. I was proud to see so many communities throughout my constituency open their doors to support Ukrainians fleeing the unjustified war on their homeland. I think of the community members in Dauphin who launched the Parkland Ukrainian Family Fund to support parents and children fleeing to Canada. Since they launched this initiative, the community of Dauphin has provided homes for over 40 families. It is efforts and contributions like these that showcase how strong the relationship between Canada and Ukraine is.

As Ukraine continues to fight for its freedom, Conservatives will always stand with the people of Ukraine. We also understand the importance of trade and supply agreements with our friends in Ukraine. It was the Conservatives who negotiated the trade agreement with Ukraine, something we are very proud of. This agreement eliminated tariffs on 86% of Canada’s merchandise exports to Ukraine. The proposed modernization of the Canada-Ukraine Free Trade Agreement is an important subject in the House. As one of our strong allies, Ukraine represents hundreds of millions of dollars in trade every year.

Before I dig into Bill C-57, it is important to look at the history of this legislation and Canada’s relationship with Ukraine. In December 1991, almost 32 years ago to the day, a Conservative-led government became the very first western country to recognize Ukraine’s independence from the Soviet Union. It was the previous Conservative government that championed Operation Unifier, in which the Canadian Armed Forces led a mission to fortify Ukraine’s armed forces through military training. This operation was very successful in preparing Ukrainian forces for their fight against Russia in this war and, as I said earlier, it was a Conservative government that successfully negotiated the Canada-Ukraine Free Trade Agreement.

I am proud to stand today as a Conservative to speak up once again for the long-standing friendship between Canada and Ukraine. It should go without saying that nobody in the House is arguing that Canada and Ukraine move forward without free trade. In 2022, Canada’s total merchandise trade with Ukraine was $420 million, with $150 million in exports and $270 million in imports.

Canadians may be unaware, but motor vehicles and parts, fish and seafood, and pharmaceutical products were the top three exports to Ukraine, while Canada’s top imports from Ukraine were animal and vegetable fats and oils, iron and steel, and electrical machinery and equipment. It is important to note that, if Bill C-57 is implemented, the current free trade agreement from 2017 will remain in effect. This would provide time for Canada and Ukraine to get this legislation right, in ways that best serve Canadian and Ukrainian needs alike.

It is vital that, as legislators, we exercise due diligence and ensure that any trade agreement is one which serves the interests of all Canadians. This is why Conservatives are working and engaging with Canadians and stakeholders to ensure that their feedback is heard and taken into consideration before Bill C-57 is rushed through Parliament. It is no secret that the current Liberal government has a failed record of engaging with stakeholders and listening to Canadians. Listening to the concerns of Canadians is not one of the government’s strong suits. That is why Conservatives are determined to ensure that good legislation passes through Parliament.

Upon reviewing Bill C-57, it becomes quite apparent that there is room for improvement and that there are many missed opportunities to strengthen support for Ukraine. Constant attacks from Russia have damaged and destroyed much of Ukraine, but in Bill C-57, there is a lack of focus on rebuilding. One subject that is missing from the legislation is support for rebuilding energy infrastructure. In a time of energy insecurity, one would think that rebuilding energy infrastructure would be top of mind. How are the people of Ukraine supposed to rebuild their economy when their energy infrastructure is not functional?

Another area that the Liberals seem to have ignored is Canada’s inability to provide liquid natural gas to its allies. Had it not been for the Prime Minister’s anti-energy policies, Canada would have been better suited to supporting Ukraine and our allies by supplying LNG to the world. By doing so, we could help cut off Putin from supplying energy to Europe. Instead, after eight years, the government has not built a single LNG terminal. The government has no regard for the importance of exporting Canadian energy to our allies around the world. Canada stands as the only NATO ally equipped to meet the energy needs of Europe, possessing a blessing of natural resources. This includes being the world's fourth-largest holder of oil reserves, boasting NATO's third-largest reserve of natural gas, and possessing the capability to expand the production of agricultural products and technologies on a global scale. Instead, Ukraine and Europe are forced to fund their enemy in war.

Canada should continue looking for ways to use our economic strengths to support the Ukrainian people, including by exporting Canadian LNG to break European dependence on natural gas from Russia. As I said earlier, Conservatives will always work to ensure that trade agreements are in the interests of Canada and of all Canadians. I mentioned how Conservatives were the ones who successfully negotiated the first Canada-Ukraine Free Trade Agreement. It is important that we debate the legislation thoroughly and continue to support the Ukrainian people, especially in this time of war. I, along with Canada’s Conservatives, will continue to stand with Ukraine.

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

November 20th, 2023 / 4:25 p.m.

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

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Calgary Shepard, Carbon Pricing; the hon. member for Renfrew—Nipissing—Pembroke, Carbon Pricing.

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

November 20th, 2023 / 4:25 p.m.

Longueuil—Charles-LeMoyne Québec

Liberal

Sherry Romanado LiberalParliamentary Secretary to the President of the King’s Privy Council for Canada and Minister of Emergency Preparedness

Madam Speaker, I have a very simple question for the member opposite: Will the member be supporting Bill C-57, yes or no?

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

November 20th, 2023 / 4:25 p.m.

Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, that is a very good question, and that is why we are debating it today. They will find out at the appropriate time, and I think we are going to vote on this in the next couple of days. Maybe they will find out the answer then.

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

November 20th, 2023 / 4:25 p.m.

NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, that is a bit of a peculiar answer to a very straightforward question. In fact, if we all do support Ukraine and free trade for Ukraine, then it is a bit hard to understand why the Conservatives are putting up speaker after speaker who will not say clearly that they are going to support the free trade agreement. In fact, a recent speaker said there were limits to the Conservatives' support for Ukraine.

Either we do support Ukraine, support this agreement and get on with it, or we do not.

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

November 20th, 2023 / 4:30 p.m.

Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, that was more of a statement than a question. We are supposed to be debating the legislation in front of us here today. That is what I am looking forward to: some serious questions about the legislation.

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

November 20th, 2023 / 4:30 p.m.

Liberal

Chandra Arya Liberal Nepean, ON

Madam Speaker, this agreement, this legislation is fundamental to the security, stability and economic development of Ukraine. It would allow Canadian businesses to be part of Ukraine's rebuilding, which will be the biggest rebuilding in Europe since World War II.

I would like to hear the hon. member's comments and reaction to the Ukraine ambassador's statement at the international trade committee, which I am going to quote. She said, “We believe that the modernized CUFTA will pave the way for Ukrainian companies and Canadian companies to work together.”

Does the member agree with this statement by the Ukrainian ambassador?

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

November 20th, 2023 / 4:30 p.m.

Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, it is really important to remember that we have had an existing agreement in place since 2017, I believe. It was a Conservative government that actually negotiated and put that in place. We really have to remember that going forward.

Today, we have a war going on, and nothing has been discussed about trying to create the energy infrastructure for Ukraine so they could get off Putin's gas.

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

November 20th, 2023 / 4:30 p.m.

Conservative

Shannon Stubbs Conservative Lakeland, AB

Madam Speaker, energy is fundamental to all people in all countries around the world, especially in expansive and northern countries such as ours and in the region that we are talking about.

As my colleague mentioned during his speech, after eight years of the Liberals, there were 18 proposals for LNG terminals from Canada. However, because of the Liberals' red tape, gatekeeping, anti-energy agenda and policies, not a single one has been built.

Conservatives are supportive about actual outcomes rather than words. We know it is so important for Ukrainians and citizens of allied countries to have energy security and affordable fuel.

Could the member comment on the ways in which the NDP-Liberals are holding Canada back from being able to truly support the resilient, tenacious people of Ukraine, who are fighting for their territorial integrity and sovereignty, as well as for sources of responsible oil and gas—

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

November 20th, 2023 / 4:30 p.m.

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

We have to give the member time to answer. This is not the time for another speech.

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

November 20th, 2023 / 4:30 p.m.

Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, Bill C-69 is basically what the member was referring to. That is the “no more pipelines” bill that was imposed here in Canada on Canadian citizens.

As we look forward and work with Ukraine in developing their energy infrastructure, we need to take a very long look at what the Liberals have done for legislation on developing energy in our own country. We should be helping them instead of hindering Ukraine in moving forward with energy development.