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. The Library of Parliament often publishes better independent summaries.

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 RelationsGovernment Orders

March 20th, 2024 / 9:45 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Chair, the member knows the answer to the question. I have repeated it and explained it ad nauseam in this House.

I want to ask why Liberals opposed the amendments that I brought forward to Bill C-57 at committee. Those amendments were specific things that the arms manufacturing industry in Canada had proposed would be helpful. It asked the Government of Canada to establish a clear plan and send clear signals about its commitments to, over the longer term, acquire the munitions required for Canada's own needs and to support Ukraine.

The government has taken no action to send the right signals and provide the necessary support to ramp up our own domestic production of munitions. I believe this is an opportunity for Canada, and it is an urgent issue for supporting Ukraine.

Personally, I put forward six different amendments to this bill at committee that would have strengthened the export of munitions to Ukraine. The Liberals blocked those amendments at every turn. Actually, the Liberals and the NDP members were working together. They presented us from passing a motion in the House to allow those amendments to move forward, and they blocked those amendments at committee.

It is really shameful for the Liberals to, on the one hand, try to virtue-signal on this issue while continuously blocking efforts to get weapons to move forward. They make announcements but fail to follow through on them. It is not enough to talk about victory at some distant point in the future. We need urgent victory through the urgent delivery of required munitions. The government likes to wrap itself in blue and yellow, but it fails to deliver when it really counts.

Canada—Ukraine RelationsGovernment Orders

March 20th, 2024 / 9:15 p.m.
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Markham—Thornhill Ontario

Liberal

Mary Ng LiberalMinister of Export Promotion

Madam Chair, it is an honour to take part in tonight's debate on the relationship between Canada and Ukraine.

Before I continue with my speech, I want to take a moment to recognize in the chamber former prime minister Brian Mulroney and to extend my condolences to his family and to all those who knew him. Prime Minister Mulroney was, of course, a steadfast supporter of Ukraine, and his leadership continues to positively impact the Canada-Ukraine relationship today. When Prime Minister Mulroney was prime minister in 1991, Canada became the first western country to recognize Ukraine's independence.

As colleagues may know, Bill C-57 received royal assent yesterday, leading us one step closer to bringing into force the modernized Canada-Ukraine free trade agreement. This modernized trade agreement represents a historic milestone for the Canada-Ukraine commercial relationship and for Ukraine's economic security, which I will be focusing my remarks on tonight.

The Canada-Ukraine free trade agreement, also known as CUFTA, is just one of the tools Canada is using to support our ally Ukraine, which continues to face the violent consequences of Russia's illegal and unjustified invasion. Indeed, since the beginning of the conflict in 2022, Canada has committed over $13.3 billion in multi-faceted support covering military, financial, humanitarian, development, security and cultural assistance for Ukraine.

The modernized free trade agreement is another form of support that will provide the framework for bilateral trade and investment. It will strengthen the foundation on which Canadian and Ukrainian businesses can work together, not only now but also during Ukraine's recovery and economic reconstruction over years to come, when it will win this war against Russia's illegal invasion.

Furthermore, our bilateral relations are strengthened through our warm people-to-people ties that are rooted in Ukrainian Canadians in our country. They represent roughly 1.3 million people and have shared values. Many of these values are reflected in CUFTA.

In January of this year, I had the opportunity to spend some time across western and central Canada, from Alberta to Saskatchewan and Manitoba, and of course here in Ontario. I have spoken with many Ukrainian Canadians, businesses and stakeholders about what was before our Parliament, which was the modernized CUFTA. There was a lot of interest from Ukrainian Canadians, certainly from the Canadian private sector, to support Ukraine as it continues to keep not only its economy going, but also its reconstruction activities.

The modernized CUFTA is going to do just that. Canadian companies would not only trade in goods, and that was the agreement we just modernized. It has been modernized with provisions that allow for services, trade and investments. The new trade agreement has nine new dedicated chapters that cover things such as cross-border trade in services, investments, financial services, telecommunications and good regulatory practices. As well, it includes dedicated chapters on inclusive trade, trade that will yield benefits to all in our economies, such as small and medium-sized businesses, which has a chapter. There is the first-ever trade and indigenous peoples chapter to be in a concluded FTA, as well as a chapter on trade and gender, so that the benefits of trade will be shared widely.

Ultimately, the outcome of this agreement is a modern, ambitious and fully comprehensive free trade agreement that will fortify the Canadian-Ukrainian bilateral commercial relationship for years to come and will support Ukraine's long-term recovery and trade interests. It is also good for Canada. There are many Canadian companies that have a lot to offer that will benefit from trade and investment in Ukraine.

I look forward to leading a business mission to Ukraine. Many businesses I talk to are interested in having the trade minister lead a mission that will open up some of those doors and create the opportunity, and that would just build on the momentum of the new CUFTA.

Let me conclude by thanking the negotiators, not only in Canada but also in Ukraine. They were negotiating this in the midst of a war, with sirens blaring and bombs going off around them. I want to thank them for their courage. Let us rebuild Ukraine together.

March 19th, 2024 / 10:15 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I have the honour to inform the House that a communication has been received as follows:

Rideau Hall

Ottawa

March 19, 2024

Mr. Speaker,

I have the honour to inform you that the Right Honourable Mary May Simon, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 19th day of March, 2024, at 6:04 p.m.

Yours sincerely,

Ken MacKillop

Secretary to the Governor General

The schedule indicates the bills assented to were Bill C-35, An Act respecting early learning and child care in Canada and Bill C-57, An Act to implement the 2023 Free Trade Agreement between Canada and Ukraine.

Message from the SenatePrivate Members' Business

March 19th, 2024 / 6:15 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I have the honour to inform the House that a message has been received from the Senate informing this House that the Senate has passed the following bill: Bill C‑57, an act to implement the 2023 free trade agreement between Canada and Ukraine.

Canada-Ukraine Free Trade AgreementPetitionsRoutine Proceedings

February 16th, 2024 / 12:10 p.m.
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Liberal

Valerie Bradford Liberal Kitchener South—Hespeler, ON

Madam Speaker, it is my honour to rise in this House to present a petition signed by 75 members of the Canadian-Ukrainian community in the Waterloo Region. They are calling on all parliamentarians to reaffirm our unwavering commitment to Ukraine by supporting Bill C-57, the updated Canada-Ukraine Free Trade Agreement, which was requested by Ukraine. This will assist Ukraine in its rebuilding efforts after the illegal invasion of Ukraine by Vladimir Putin.

I am pleased to report to the community that the bill was, in fact, passed last week with the support of all members of Parliament, save and except for members of the Conservative Party.

UkrainePetitionsRoutine Proceedings

February 14th, 2024 / 4:30 p.m.
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Liberal

Churence Rogers Liberal Bonavista—Burin—Trinity, NL

Madam Speaker, I present this petition on behalf of the residents in my riding of Bonavista—Burin—Trinity.

Petitioners say that Bill C-57 would be an important update to the Canada-Ukraine free trade agreement that would assist Ukraine in rebuilding after it defeats the illegal invasion by Vladimir Putin. Furthermore, they point out that Ukraine's President Zelenskyy and the Ukrainian Canadian Congress have called on the Parliament of Canada to swiftly adopt the legislation, and that misinformation regarding Canada's carbon pricing scheme's having an effect on the agreement has been widely debunked.

Therefore the petitioners, who are citizens of Canada, call upon the House of Commons and all parliamentarians to reaffirm our unwavering commitment to Ukraine by swiftly adopting the updated Canada-Ukraine free trade agreement.

February 13th, 2024 / 4:10 p.m.
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Bloc

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

The government often says that most of the agreements it has signed in recent years contain chapters on human rights. However, those chapters are never binding. They are merely statements of principle. Actual binding mechanisms are never put in place, although Bill C-57 was successfully amended recently to add more binding provisions. The bill seeks to implement the trade agreement with Ukraine.

It's probably better to have the chapters than not to, since they do set out sound principles. Nevertheless, do the chapters give you any reassurance, seeing as they don't include binding mechanisms to implement the principles?

Business of the HouseOral Questions

February 8th, 2024 / 3:10 p.m.
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Gatineau Québec

Liberal

Steven MacKinnon LiberalLeader of the Government in the House of Commons

I would first like to thank my hon. colleague and his colleagues in the official opposition for finally letting Bill C-57, the Canada-Ukraine free trade agreement, come to a final vote. That is good news for Canada and our Ukrainian friends, with whom we stand in solidarity.

As for the business of the House, we will continue to have ongoing discussions that would see us dealing with Bill C-62, medical assistance in dying, next week. We are, of course, well aware of the deadlines that are looming. I remind all members of this House that there is a March 17 deadline attached to this very important legislation.

I would remind the House that we wanted to allow all parties in the House, as well as in the Senate, to participate in a process that could guide the government's choices on medical assistance in dying. We produced a report that resembled a consensus, and the bill reflects that consensus.

We will also give priority to bills that have been examined and amended by the Senate and are therefore now in the final stage of debate in the House. These include Bill C-29, which would create a national council for reconciliation, and Bill C-35 on early learning and child care in Canada.

As I said at the outset, we will continue to consult with the opposition parties. My door is always open. If necessary, we will make adjustments so that the House can continue to work in an orderly fashion.

International TradePetitionsRoutine Proceedings

February 8th, 2024 / 10:05 a.m.
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Liberal

Brenda Shanahan Liberal Châteauguay—Lacolle, QC

Madam Speaker, I am very proud to present a petition from the citizens of Châteauguay—Lacolle in support of Bill C‑57, which has just been passed by the House.

Citizens in my riding affirm their unwavering commitment to Ukraine and want the Canada-Ukraine free trade agreement to be updated.

February 7th, 2024 / 5:50 p.m.
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Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

No. I will carry on.

I appreciate that and I thank our witnesses for coming today. I look forward to seeing them soon, along with the minister.

I will stay on topic, rather than go off it. On these CRV7 rockets, the letter that has been circulated online shows that the Ukrainian military is aware of the status of these munitions, but wants all of them. If they can be transported to Ukraine, the military will go through the stockpile and use what it can, taking parts from the other rocket motors to build more rockets and utilize whatever warheads we have in our inventory.

These are all sitting around, collecting dust at CFAD Dundurn, south of Saskatoon. It's going to cost the taxpayers of Canada millions of dollars to dispose of these rockets. Some estimates I've heard are over $30 million for the disposal of these 83,000 rockets. Rather than waste taxpayers' money and have to go through the whole process again of trying to find some entity in Canada or the United States that will dispose of these rockets, let's give them to the Ukrainian military. Let them use these rockets to defend their homeland. Let them push back on the Russian invaders.

All the talk around carbon pricing and carbon taxes.... We, as Conservatives, don't support the carbon tax, and that's why we voted against the Canada-Ukraine Free Trade Agreement. Look, we are the party of free trade. We negotiated the first free trade agreement. Guess what? Bill C-57 has passed, so let's do the next best thing right now, which is sending over the munitions and supplies that Ukraine needs.

The government has made lots of announcements about munitions, and we keep hearing about how, over 12 months ago, in January 2023, promises were made to buy NASAMS, a national advanced surface-to-air missile system, from an American contractor for $406 million to defend the airspace in Ukraine. Guess what? The NASAMS has not been ordered, 12 months after the fact, and nobody knows where the $406 million is. Zelenskyy has asked for the NASAMS over and over again, and it's still not there. They need it to defend their airspace.

For those of us who follow what's happening in the war in Ukraine, things are getting desperate. The Russians continue to push. Avdiivka is going to be the next city to fall. The Ukrainians have positioned their Leopard tanks and Bradley tanks, as well as the Abrams tanks they have, to try to hold the line against the brutal Russian military.

This is a chance for us to do some good, send over these missiles and make a difference.

They have already said—maybe you have seen the Global News story that was out on Monday—that they have built ground launchers to use these rockets from to help them defend territory. They are also interested in putting them on their drones.

We know this war has changed the entire doctrine around warfare. I don't think anyone thought we would go back to tank warfare, but that's what this has turned into. Nobody thought drones would be used to the effect that they have been. Nobody thought the Russian air force would ever be able to achieve air dominance and air superiority over Ukrainian airspace.

We saw just recently, again, maritime surface drones used by the Ukrainian military taking down a Russian missile cruiser—a corvette. It was only hit with about two or three drones and sank. Another ship—

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

February 6th, 2024 / 3:15 p.m.
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Liberal

The Speaker Liberal Greg Fergus

It being 3:16 p.m., the House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill C‑57.

Call in the members.

The House resumed from February 5 consideration of the motion that Bill C‑57, An Act to implement the 2023 Free Trade Agreement between Canada and Ukraine, be read the third time and passed.

UkraineStatements by Members

February 6th, 2024 / 2:05 p.m.
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Liberal

Judy Sgro Liberal Humber River—Black Creek, ON

Mr. Speaker, I stand in the House today to emphasize the crucial importance of Canada's unwavering support for Ukraine in the face of Russian aggression.

This month, we approach the second anniversary of Russia's invasion of Ukraine. It has been two years in which the values that we hold dear, freedom and democracy, continue to be threatened.

The people of Ukraine have a right to their sovereignty and territorial integrity and to live free and without fear. Canada's continued commitment and support goes beyond politics. It is about being there for people in their most challenging moments.

The House will be voting on the modernized free trade agreement with Ukraine today, and I am urging hon. members to put politics aside and support Bill C-57. Let us renew our pledge to stand united in supporting Ukraine's resilience and championing the principles that bind us all together as a global community.

UkrainePetitionsRoutine Proceedings

February 6th, 2024 / 10 a.m.
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Liberal

Lloyd Longfield Liberal Guelph, ON

Mr. Speaker, I have the honour to present, in both official languages, a petition that comes from the members of the Holy Protection of the Mother of God Ukrainian Catholic Church in Guelph. It states that, whereas Bill C-57 is an important update to the Canada-Ukraine free trade agreement that would assist Ukrainians in rebuilding after they defeat the illegal invasion of Vladimir Putin; that the Ukrainian President Volodymyr Zelenskyy and the Ukrainian Canadian Congress has called on the Parliament of Canada to swiftly adopt this legislation; and that misinformation regarding Canada's carbon pricing scheme having an effect on this agreement has widely been debunked, the members undersigned have asked for the House of Commons and all parliamentarians to reaffirm our unwavering commitment to Ukraine by swiftly adopting the updated Canada-Ukraine free trade agreement.

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.