C-5714470-71Elizabeth II – 1-2 Charles III2021-2022-2023An Act to implement the 2023 Free Trade Agreement between Canada and UkraineCanada–Ukraine Free Trade Agreement Implementation Act, 2023Canada–Ukraine Free Trade Agreement Implementation Act, 2023202310
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MINISTER OF EXPORT PROMOTION, INTERNATIONAL TRADE AND ECONOMIC DEVELOPMENT 91166RECOMMENDATIONHer Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to implement the 2023 Free Trade Agreement between Canada and Ukraine”.SUMMARYThis enactment implements the Canada–Ukraine Free Trade Agreement, done at Ottawa on September 22, 2023.Among other things, the enactmentsets out rules of interpretation;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;approves that Agreement;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;gives the Governor in Council the power to make orders in accordance with that Agreement; andamends 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.TABLE OF PROVISIONSAn Act to implement the 2023 Free Trade Agreement between Canada and UkraineShort TitleCanada–Ukraine Free Trade Agreement Implementation Act, 2023InterpretationDefinitionsInterpretation consistent with AgreementNon-application of Act and Agreement to waterConstructionHis MajestyBinding on His MajestyPurposePurposeCauses of ActionCauses of action under sections 9 to 15Implementation of the AgreementApprovalAgreement approvedAdministrative and Institutional ProvisionsCanadian representative on CommissionPayment of expendituresPanels, Committees, Subcommittees, Working Groups, Expert Groups and Other BodiesPowers of MinisterAdministrative supportPayment of costsOrdersOrders — Article 28.13 of AgreementRelated AmendmentsCrown Liability and Proceedings ActFinancial Administration ActInvestment Canada ActCustoms ActCommercial Arbitration ActCanadian International Trade Tribunal ActCustoms TariffDepartment of Employment and Social Development ActRepealRepealComing into ForceOrder in councilHis Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short Title
Short titleThis Act may be cited as the Canada–Ukraine Free Trade Agreement Implementation Act, 2023.
Interpretation
DefinitionsThe following definitions apply in this Act.Agreement means the Free Trade Agreement between Canada and Ukraine, done at Ottawa on September 22, 2023. (Accord)Commission means the Joint Commission continued under paragraph 1 of Article 27.1 of the Agreement. (Commission)federal law means the whole or any portion of an Act of Parliament or a regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament. (texte législatif fédéral)Minister means the Minister for International Trade. (ministre)
Interpretation consistent with AgreementFor greater certainty, this Act and any federal law that implements a provision of the Agreement or that allows the Government of Canada to meet an obligation under the Agreement is to be interpreted in a manner consistent with the Agreement.
Non-application of Act and Agreement to waterFor greater certainty, nothing in this Act or the Agreement applies to natural surface or ground water in liquid, gaseous or solid state.
ConstructionFor greater certainty, nothing in this Act, by specific mention or omission, is to be construed to affect in any manner the right of Parliament to enact legislation that implements any provision of the Agreement or that allows the Government of Canada to meet an obligation under the Agreement.
His Majesty
Binding on His MajestyThis Act is binding on His Majesty in right of Canada.
Purpose
PurposeThe purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are toestablish a free trade area in accordance with the Agreement;promote, through the elimination of barriers to trade in goods and services, the expansion of reciprocal trade and the strengthening of economic relations between Canada and Ukraine in order to create opportunities for economic development;promote conditions of fair competition affecting trade between Canada and Ukraine;ensure a predictable commercial framework for business planning and investment;promote high levels of environmental protection, including through effective enforcement of environmental laws, mutually supportive trade and environmental policies and practices, and strengthened environmental cooperation between Canada and Ukraine;promote sustainable development;protect, enhance and enforce basic workers’ rights, strengthen cooperation on labour matters and build on the respective international commitments of Canada and Ukraine on labour matters;recognize that Indigenous Peoples in Canada and Ukraine have the right to economic development and participation in trade and to engage freely in all their traditional and other economic activities;support the growth and development of micro, small and medium-sized enterprises by enhancing their ability to participate in and benefit from the opportunities created by the Agreement;facilitate equal access to, and the ability to benefit from, the opportunities created by the Agreement for women and men and support the conditions for women’s full participation in domestic, regional and international trade and investment;recognize the right of the Parties to the Agreement to preserve, develop and implement their cultural policies for the purpose of strengthening cultural diversity in accordance with the rights and obligations provided for in the Agreement;encourage enterprises operating within Canada or Ukraine or subject to their jurisdiction to respect internationally recognized corporate social responsibility and responsible business conduct standards and principles and to pursue best practices;promote transparency, good governance and the rule of law, while strengthening commitments to combat bribery and corruption in trade and investment; andrespect the values and principles of democracy and promote and protect human rights and fundamental freedoms.
Causes of Action
Causes of action under sections 9 to 15No person has any cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of sections 9 to 15 or an order made under those sections.Causes of action under AgreementSubject to Section D of Chapter 17 and Article 20.24 of the Agreement, no person has any cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of the Agreement.
Implementation of the AgreementApproval
Agreement approvedThe Agreement is approved.
Administrative and Institutional Provisions
Canadian representative on CommissionThe Minister is the principal representative of Canada on the Commission.
Payment of expendituresThe Government of Canada is to pay its appropriate share of the aggregate of any expenditures incurred by or on behalf of the Commission.
Panels, Committees, Subcommittees, Working Groups, Expert Groups and Other Bodies
Powers of MinisterThe Minister maysubject to subsection (2) and paragraph (3)(a), appoint representatives of Canada to any committee, subcommittee or working group referred to in paragraph 5 of Article 27.1 of the Agreement;appoint a panellist in accordance with Article 28.8 of the Agreement; andpropose candidates to serve as the chair of a panel, or select the chair, in accordance with Article 28.8 of the Agreement.Power of Minister of the EnvironmentThe Minister of the Environment may appoint representatives of Canada to the Committee on the Environment continued under paragraph 2 of Article 13.25 of the Agreement.Powers of Minister of LabourThe Minister of Labour mayappoint representatives of Canada to the Labour Council established under paragraph 1 of Article 14.10 of the Agreement; anddesignate a National Administrative Office in accordance with paragraph 1 of Article 14.11 of the Agreement.
Administrative supportThe Minister is to designate an agency, division or branch of the Government of Canada to facilitate the operation of Chapter 28 of the Agreement and to provide administrative assistance to panels established under that Chapter.
Payment of costsThe Government of Canada is to pay the costs of or its appropriate share of the costs ofthe remuneration and expenses payable to members of panels, committees, subcommittees, working groups, expert groups and other bodies, to independent experts and to the assistants of panel members; andthe general expenses incurred by panels, committees, subcommittees, working groups, expert groups and other bodies.
Orders
Orders — Article 28.13 of AgreementThe Governor in Council may, for the purpose of suspending benefits in accordance with Article 28.13 of the Agreement, by order, do any of the following:suspend rights or privileges granted by Canada to Ukraine or to goods, service suppliers, investors or investments of investors of Ukraine under the Agreement or any federal law;modify or suspend the application of any federal law, with respect to Ukraine or to goods, service suppliers, investors or investments of investors of Ukraine;extend the application of any federal law to Ukraine or to goods, service suppliers, investors or investments of investors of Ukraine;take any other measure that the Governor in Council considers necessary.Period of orderUnless repealed, an order made under subsection (1) has effect for the period specified in the order.
Related AmendmentsR.S., c. C-50; 1990, c. 8, s. 21Crown Liability and Proceedings Act
Part 2 of the schedule to the Crown Liability and Proceedings Act is amended by striking out the following:Chapter 13 of the Free Trade Agreement between Canada and Ukraine, done at Kyiv on July 11, 2016, as amended from time to time in accordance with Article 19.3 of that Agreement.
R.S., c. F-11Financial Administration Act
Schedule VII to the Financial Administration Act is amended by striking out the following:Free Trade Agreement between Canada and Ukraine, done at Kyiv on July 11, 2016.Schedule VII to the Act is amended by adding the following in alphabetical order:Free Trade Agreement between Canada and Ukraine, done at Ottawa on September 22, 2023.
R.S., c. 28 (1st Supp.)Investment Canada Act
The schedule to the Investment Canada Act is amended by adding, at the end of column 1, a reference to “Agreement within the meaning of section 2 of the Canada–Ukraine Free Trade Agreement Implementation Act, 2023” and a corresponding reference to “Article 17.1” in column 2.
R.S., c. 1 (2nd Supp.)Customs Act
The definition CUFTA in subsection 2(1) of the Customs Act is replaced by the following:CUFTA has the meaning assigned by the definition Agreement in section 2 of the Canada–Ukraine Free Trade Agreement Implementation Act, 2023; (ALÉCU)Subsection 2(1) of the Act is amended by adding the following in alphabetical order:CUFTA 2017 has the meaning assigned by the definition Agreement in section 2 of the Canada–Ukraine Free Trade Agreement Implementation Act, as it reads immediately before the day on which section 39 of the Canada–Ukraine Free Trade Agreement Implementation, 2023 comes into force; (ALÉCU de 2017)The definition CUFTA 2017 in subsection 2(1) of the Act is repealed.
Subsection 42.1(1.1) of the Act is amended by adding the following after paragraph (a):a verification of origin of goods for which preferential tariff treatment under CUFTA 2017 is claimed, by requesting in writing that the customs administration of Ukraine conduct a verification and provide a written report as to whether the goods are originating within the meaning of Chapter 3 of CUFTA 2017;Paragraph 42.1(1.1)(a.1) of the Act is repealed.Subsection 42.1(3) of the Act is amended by adding the following after paragraph (a):in the case of CUFTA 2017, if Ukraine fails to conduct a verification or provide a written report as to whether the goods are originating;Paragraph 42.1(3)(a.01) of the Act is repealed.
Subsection 97.201(1) of the Act is amended by adding the following after paragraph (a):a written report as to whether the goods are originating within the meaning of Chapter 3 of CUFTA 2017;Paragraph 97.201(1)(a.1) of the Act is repealed.
The Act is amended by adding the following after section 169:
CUFTA 2017The provisions of the Customs Tariff and its regulations in respect of goods that are imported from or exported to Ukraine, as they read before the day on which this section comes into force, apply in respect of any proceedings in relation to CUFTA 2017.
Section 169.1 of the Act is repealed.
Column 2 of Part 1 of the schedule to the Act is amended by replacing the reference to “CUFTA” with a reference to “CUFTA or, as applicable CUFTA 2017”.Column 2 of Part 1 of the schedule to the Act is amended by replacing the reference to “CUFTA or, as applicable CUFTA 2017” with a reference to “CUFTA”.
Column 2 of Part 3 of the schedule to the Act is amended by replacing the reference to “Article 4.8 of CUFTA” with a reference to “Article 4.8 of CUFTA or, as applicable, CUFTA 2017”.Column 2 of Part 3 of the schedule to the Act is amended by replacing the reference to “Article 4.8 of CUFTA or, as applicable, CUFTA 2017” with a reference to “Article 4.8 of CUFTA”.
Column 2 of Part 4 of the schedule to the Act is amended by replacing the reference to “CUFTA” with a reference to “CUFTA or, as applicable, CUFTA 2017”.Column 2 of Part 4 of the schedule to the Act is amended by replacing the reference to “CUFTA or, as applicable, CUFTA 2017” with a reference to “CUFTA”.
Part 5 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUFTA 2017” in column 1 and a corresponding reference to “Chapters 3 and 4” in column 2.Part 5 of the schedule to the Act is amended by striking out, in column 1, the reference to “CUFTA 2017” and the corresponding reference to “Chapters 3 and 4” in column 2.
R.S., c. 17 (2nd Supp.)Commercial Arbitration Act
Schedule 2 to the Commercial Arbitration Act is amended by adding, at the end of column 1, a reference to “Article 17.23” and a corresponding reference to “Free Trade Agreement between Canada and Ukraine, done at Ottawa on September 22, 2023” in column 2.
R.S., c. 47 (4th Supp.)Canadian International Trade Tribunal Act
Subsection 2(4.6) of the Canadian International Trade Tribunal Act is repealed.Subsection 2(5) of the Act is amended by striking out the following from the list of countries:Ukraine
Section 19.0192 of the Act is repealed.
Section 21.1 of the Act is replaced by the following:
Definition of complaintIn sections 23 to 30, complaint means a written complaint filed with the Tribunal under any of subsections 23(1) to (1.097) and, for the purposes of those sections, a complaint is properly documented if the Tribunal is satisfied that it contains or is accompanied by the information required by section 23.
Subsection 23(1.098) of the Act is repealed.
Subparagraph 26(1)(a)(i.98) of the Act is repealed.
Paragraph 27(1)(a.98) of the Act is repealed.
1997, c. 36Customs Tariff
The definition UNCLOS in subsection 2(1) of the Customs Tariff is repealed.The definition Canada–Ukraine Free Trade Agreement in subsection 2(1) of the Act is replaced by the following:Canada–Ukraine Free Trade Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–Ukraine Free Trade Agreement Implementation Act, 2023. (Accord de libre-échange Canada–Ukraine) Paragraphs (b) and (c) of the definition Ukraine in subsection 2(1) of the Act are replaced by the following:the exclusive economic zone of Ukraine; andthe continental shelf of Ukraine. (Ukraine)
Subparagraph 14(2)(c)(xvi) of the Act is repealed.
Section 75 of the Act and the heading before it are repealed.
Paragraph 79(p) of the Act is repealed.
2005, c. 34; 2013, c. 40, s. 205Department of Employment and Social Development Act
The schedule to the Department of Employment and Social Development Act is amended by striking out the following:Chapter 13 of the Free Trade Agreement between Canada and Ukraine, done at Kyiv on July 11, 2016, as amended from time to time in accordance with Article 19.3 of that Agreement.
Repeal
RepealThe Canada–Ukraine Free Trade Agreement Implementation Act, chapter 8 of the Statutes of Canada, 2017, is repealed.
Coming into Force
Order in councilSubject to subsection (2), this Act comes into force on a day to be fixed by order of the Governor in Council.Sixth anniversarySubsections 19(3), 20(2) and (4), 21(2), 22(2), 23(2), 24(2), 25(2) and 26(2) come into force on the sixth anniversary of the day fixed under subsection (1).