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 / 4:55 p.m.

Conservative

Dean Allison Conservative Niagara West, ON

Madam Speaker, I do not believe the word “woke” was ever uttered in my speech, so I do not know what he is referring to. It may be other speakers.

What I am concerned about is that we have tremendous potential in this country when it comes to energy security. The member from Alberta just mentioned the fact that we had 19 opportunities to start plants to try to get people off Russian oil. This makes a ton of sense. We are talking about a trade deal, but we should also be talking about how we get Ukraine off the dependence of Russian energy.

Quite frankly, we should be energy self-sufficient as a country. Why are we not doing that? It seems crazy to me these Liberals seem to be sabotaging what is good for our country, what is good business and what is good for the energy security of our country.

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

November 20th, 2023 / 4:55 p.m.

NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, once again, we have heard another speech from the Conservatives, who spend a lot of time talking about things other than Ukraine and the assertion that they do support Ukraine, but at the same time they are delaying the implementation of this free trade agreement.

When the member says that he did not utter the word “woke”, we clearly heard the member for Cumberland—Colchester talking in opposition at committee to this trade agreement because it includes references to fighting climate change. What is the real agenda of the Conservatives in slowing down this agreement and supporting Ukraine? It is just not clear to me today in the House that their support for Ukraine is one hundred per cent.

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

November 20th, 2023 / 5 p.m.

Conservative

Dean Allison Conservative Niagara West, ON

Madam Speaker, if this member were really concerned about climate change, he would be looking at getting China off of coal-fired plants. Why would we not be building more to get LNG to China to help take it off dirty coal? At the end of the day, LNG is a great asset we have as Canadians, and we should be doing a better job to produce it, export it and help other people get off dirtier forms of energy. We should be doing that right now, here in this country.

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

November 20th, 2023 / 5 p.m.

Conservative

Kyle Seeback Conservative Dufferin—Caledon, ON

Madam Speaker, the carbon tax has now become one of the most hated and reviled taxes in all of Canadian history.

When we talk about exports, it is quite interesting that the government has decided to export a carbon tax into a trade agreement for the first time ever. In all of the trade agreements Canada has signed across the world, there is no carbon tax; there is no mention of carbon price or carbon leakage. For the first time ever, the government has decided to put a carbon tax into a trade agreement with a country in the middle of a war. I wonder what the member thinks about that.

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

November 20th, 2023 / 5 p.m.

Conservative

Dean Allison Conservative Niagara West, ON

Madam Speaker, in terms of the carbon tax, one of the things the Liberal government fails to understand is that nobody else is doing this. Our trading partners certainly are not. It is a complete and total competitive disadvantage for what we are doing.

If we just look at where the carbon tax comes from, it is paid by farmers. Right now, we have a Liberal government that is stalling a bill that we passed here in the House, Bill C-234. All members of Parliament and of the Senate passed it. The Liberal government is now stalling on trying to help farmers, to help them with what they are doing for heating or cooling their barns and drying their grain. Why would the Liberal government want to continue with a carbon tax that actually puts the price of food up? Then it goes to the truckers who have to pay the tax on their fuel. It goes all the way through. When we are in a complete and total financial crisis, an affordability crisis and a housing crisis, one would think that the government would be looking at other things, such as technology, something other than a carbon tax, when, quite frankly, most of the other countries in the world that we trade with do not have the same disadvantage.

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

November 20th, 2023 / 5 p.m.

Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Madam Speaker, it is always an honour to rise in the House as a representative of the amazing people and spectacular region of North Okanagan—Shuswap.

Before I speak to Bill C-57, I would like to acknowledge that many of us have returned to Ottawa today after spending Remembrance Day and last week in our ridings. I would like to thank all of the volunteers who gave up their time to organize and participate in the Remembrance Day ceremonies in 16 different communities and locations across North Okanagan—Shuswap and those who participated across Canada. Without those volunteers, the many ceremonies of remembrance would not have been possible.

It is especially heartwarming to see the large turnouts paying respect to our veterans and heart-wrenching to know that, at the same time, there are still battles going on around the world with soldiers and civilians losing their lives to war every day.

I rise today to speak to Bill C-57, an act to implement the 2023 free trade agreement between Canada and Ukraine.

Conservatives have a long history of supporting free trade with other countries. My Conservative colleague, the hon. member for Abbotsford, served as Canada's longest-serving minister of international trade and worked on many successful trade agreements during his tenure in the portfolio, including Canada's existing free trade agreement with Ukraine, the agreement that this bill seeks to amend. In fact, he negotiated trade agreements with 46 countries in that time.

As we look at this bill and the agreement itself, we as legislators have a duty to ensure that the law and the agreement are in the best interest of Canadians. We are closely examining this bill, to ensure that this is the case. We as Conservatives and Canadians also believe in supporting our Ukrainian allies. Increasing trade between our nations is but one way of providing that support.

No one is debating whether we should have a free trade agreement with Ukraine. Indeed, we currently have free trade through the 2017 Canada-Ukraine free trade agreement. In 2022, Canada's total merchandise trade with Ukraine was $420 million, $150 million in exports and $270 million in imports. Obviously, trade is happening between our countries. In fact, following the ratification of the original Canada-Ukraine free trade agreement, non-coal exports to Ukraine grew by 28.5% between 2016 and 2019.

Canada's relationship with Ukraine is strong, with over 1.3 million people of Ukrainian origin living in Canada. Some of those are newcomers, who have come to Canada fleeing Vladimir Putin's illegal invasion of Ukraine, which began in February 2022.

I have had the pleasure of meeting some of those newcomers to Canada at special events in Vernon and Salmon Arm and other locations, where the outpouring of community support has made them feel welcome and eases the burden of fleeing their homeland, many with nothing more than what they could carry in their arms or on their backs. Meeting those newcomers from Ukraine and hearing their resolve to maintain their freedom and desire to return and rebuild their lives and their country has been inspirational.

This legislation aims to implement the 2023 free trade agreement between Canada and Ukraine, which contains 11 new chapters. These include rules of origin, government procurement, monopoly, digital trade, e-commerce and more. The document is around 600 pages long. Proposed paragraph13.10(8) states, “promote the rapid transition from unabated coal power to clean energy sources”.

It also contains purposes, including “promote sustainable development” and “promote high levels of environmental protection”.

When I consider what this could mean, I find great differences in what the government promotes and what it actually achieves. I say this because Canada has some of the largest reserves of natural gas for producing liquefied natural gas, LNG, in the world, and yet when Canada was approached to supply LNG to Germany, a neighbour of Ukraine, to help break Europe’s dependence on gas from Putin’s Russia, Germany was told there was no business case. Not only would the export of Canadian natural gas have helped defund Russia’s war machine, but it would also have helped transition Europe away from coal-fired power generation.

So here we have a free trade agreement that is to promote a high level of environmental protection and a government that refuses to acknowledge how much Canadian energy could do toward that goal if we were able to export it to replace energy from regimes with lower standards for production and disregard of human rights.

The government has denied the opportunity for Canada to export clean-burning natural gas with its burdensome, red-tape strangled regulatory process. Rather than promoting a product that would help Ukraine build and rebuild, and transition to a cleaner energy source, the Prime Minister said there was no business case for it. This is a loss of opportunity for Canadians and a loss of opportunity for Germany, Ukraine and other European nations. Canada could help displace dirty coal-fired electricity generation with cleaner LNG. There is a reason that this should be done expediently as Ukraine suffers from the ravages of war, requires energy to rebuild and can no longer obtain LNG from Russia. Canada could be helping.

I will go back to remind the hon. members here of the number of free trade agreements that were completed or negotiated under the previous Conservative government and the work that Canada, under a Conservative government, accomplished on the world stage. It is also worth noting that Canada supported democracy in Ukraine when we sent 500 observers to Ukraine to monitor the presidential elections in 2014.

Before I close, I would like to raise the matter of another item that should be addressed through a different free trade agreement, one affecting British pensioners living in Canada. These pensioners from the United Kingdom receive retirement pensions, but those pensions have never been indexed to the cost of living increases for U.K. pensioners living in Canada. This is an issue I hear about from U.K. pensioners living in the North Okanagan—Shuswap and I hear about how it is causing them to lose thousands of dollars in their retirement. While this government is negotiating a trade agreement with the U.K., I urge the government to press for indexing of U.K. pensions in Canada, just like Canadians retiring in other countries, including the U.K., have their pensions indexed.

As we continue debate on Bill C-57, an act to implement the 2023 free trade agreement between Canada and Ukraine, I urge this government to focus on what will be good for Canada, good for Ukraine and good for the people of our two countries by ensuring that our laws and trade agreements benefit both nations and do not unduly hinder our energy sector and the progress that could be made in both countries by promoting it.

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

November 20th, 2023 / 5:10 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, this past weekend, I participated in the Halifax International Security Forum with members of Parliament across the way. We heard extensively about the importance of supporting Ukraine both currently but also with respect to their rebuilding. I quote from the head of the Centre of Civil Liberties Ukraine, “there is a huge difference between let's help Ukraine not to fail and let's help Ukraine to win. And we can practically measure this difference in types of weapons, in gravity of sanctions and speed of decisions.”

We heard very clearly this weekend about the importance of helping Ukraine and making decisions with respect to this bill so that they can start predicting and making sure they have a capacity to rebuild. Will the member opposite support and vote in favour of Bill C-57?

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

November 20th, 2023 / 5:10 p.m.

Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Madam Speaker, I would like to ask the member opposite the question back to her, but I do not think I am allowed to do that. Perhaps another time she would be able to explain why her Prime Minister, her leader, decided that there was no business case for exporting LNG from Canada to Europe when the U.S. has gone ahead and done this. Now, France has signed a 27-year agreement to import LNG from countries with far lower standards of production and far fewer human rights activities in their countries. Why would she do that?

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

November 20th, 2023 / 5:10 p.m.

Green

Mike Morrice Green Kitchener Centre, ON

Madam Speaker, we have another Conservative speech and another sense of this so-called clean fossil gas, and it is just simply not the case.

Over one-third of Ontario's greenhouse gas emissions comes from fossil gas. In addition, most fossil gas is produced by fracking. Fracking leads to toxic waste water. There is nothing clean about toxic gas. If the Conservatives wanted to critique this free trade agreement, they could talk about how the government is not on track to meet the 1.5°C target in the Paris Agreement, but they are not doing that.

Why is that the case?

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

November 20th, 2023 / 5:10 p.m.

Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Madam Speaker, I will talk about how the government has failed to meet any of its targets for carbon emissions. The only time it met a target was when the economy was shut down because of COVID, when nobody was moving. Nobody was doing anything because of the travel restrictions.

It has put out all kinds of ideologies and proposed all sorts of things, but it has accomplished so little in eight years. We are seeing that the government is just not worth the cost.

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

November 20th, 2023 / 5:15 p.m.

NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, experts have told us that the last 12 months were the warmest 12 months on this planet in 125,000 years.

Are the Conservatives seriously telling us today that the reason they are not moving ahead on implementing this free trade agreement is because it makes reference to climate change?

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

November 20th, 2023 / 5:15 p.m.

Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Madam Speaker, I made no such reference. We saw how hot it was when the fires took place in the North Okanagan—Shuswap, in my riding, this year.

However, the climate is a global issue. Canadian-produced LNG can be produced in a more environmentally friendly way than it can anywhere else in the world. If we can help get countries off dirty burning coal with our clean LNG, why would we not be doing that?

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

November 20th, 2023 / 5:15 p.m.

Conservative

Kyle Seeback Conservative Dufferin—Caledon, ON

Madam Speaker, I listened to my colleague's speech; it was great. There was a question raised by a Liberal member, who said that this bill, this legislation, this trade agreement is going to help Ukraine rebuild. The rebuilding of Ukraine is going to require concrete, steel and heavy equipment. All these things are very carbon-intensive.

If the Liberals actually wanted to help Ukraine rebuild, why would they have put a carbon tax into a trade agreement for the first time ever? Does my colleague think this is actually going to help with the cost of rebuilding Ukraine after it wins the war?

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

November 20th, 2023 / 5:15 p.m.

Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Madam Speaker, no, I do not think a carbon tax in a free trade agreement is going to help Ukraine rebuild whatsoever. It will need the lowest cost and the most environmentally friendly energy possible. It can get that from Canada, yet we have a government that is throwing up red tape, bureaucracy and regulations in the way of doing any of that.

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

November 20th, 2023 / 5:15 p.m.

NDP

Lindsay Mathyssen NDP London—Fanshawe, ON

Madam Speaker, I would like to give the hon. member a bit of a redo. He said that nobody was doing much of anything during COVID. I would argue that there were some frontline workers who were doing significant things.

In addition, I would like to talk more about the fact that this FTA enhances some protections for workers. The Conservative Party has talked about how incredibly supportive it is of workers. However, this is a perfect example of how we could strengthen and enhance workers' rights around the world, such as the right to join a union and the right to strike, as an important part of this free trade agreement.

Is that too woke for this member?