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Bill C-388

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First Session, Forty-fourth Parliament,

70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023-2024

HOUSE OF COMMONS OF CANADA

BILL C-388
An Act to fast track energy and mining projects and to facilitate the provision of munitions to Ukraine and develop its munitions industry
FIRST READING, May 2, 2024

Mr. Genuis
441362


SUMMARY

This enactment provides for the preparation of a plan to fast track Canadian energy and mining projects.

It also amends the Defence Production Act, the Export and Import Permits Act, the Export Development Act and the Business Development Bank of Canada Act to facilitate the provision of munitions to Ukraine by

(a) requiring the donation of surplus defence supplies to Ukraine;

(b) removing the authority to include on the Export Control List certain munitions if intended for export to Ukraine;

(c) extending the General Export Permit No. 47 — Export of Arms Trade Treaty Items to the United States to include the export of certain munitions to Ukraine;

(d) extending the General Brokering Permit No. 1 to the brokering of certain munitions that are to be imported into Ukraine for end-use in Ukraine; and

(e) directing Export Development Canada and the Business Development Bank of Canada to give preference to the development of munitions manufacturing capacity in Ukraine.

Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 44th Parliament,

70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023-2024

HOUSE OF COMMONS OF CANADA

BILL C-388

An Act to fast track energy and mining projects and to facilitate the provision of munitions to Ukraine and develop its munitions industry

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

1 This Act may be cited as the Boosting Canadian Energy and Mining Projects and Ukraine’s Munitions Supply Act.

PART 1 
Plan to Fast Track Energy and Mining Projects

Preparation of plan

2 (1) Within 60 days after the day on which this Act comes into force, the Minister of Natural Resources must, in collaboration with representatives of the provincial governments responsible for natural resources, prepare a detailed plan to fast track energy and mining projects, including those related to liquefied natural gas and civilian nuclear energy, that includes measures to displace energy exports from hostile countries and support energy cooperation with allies and partners.

Publication in the Canada Gazette

(2) The Minister of Natural Resources must publish the plan, or give notice of its availability, in Part I of the Canada Gazette and in any other manner that that Minister considers appropriate.

PART 2 
Provision of Munitions to Ukraine

R.‍S.‍, c. D-1

Defence Production Act

3 The Defence Production Act is amended by adding the following after section 16:

Donation of surplus
Start of inserted block
16.‍1 For as long as any territory of Ukraine is occupied by armed forces of the Russian Federation, the Minister of National Defence must periodically review Canada’s inventory of defence supplies, and the Minister must offer to donate to Ukraine any defence supplies that, in the opinion of the Minister of National Defence, are surplus or no longer useful to Canada.
End of inserted block

R.‍S.‍, c. E-19

Export and Import Permits Act

4 Section 3 of the Export and Import Permits Act is amended by adding the following after subsection (2):

Export Control List — Ukraine
Start of inserted block
(3) Despite any conditions imposed under subsection (2), any type of munition that is intended for export to the United States and that is excluded from the Export Control List shall not be included on the Export Control List if it is intended for export to Ukraine.
End of inserted block

5 Section 7 of the Act is amended by adding the following after subsection (1.‍1):

General Permit — Export to Ukraine
Start of inserted block
(1.‍2) For as long as any permit issued under subsection (1.‍1) to export any type of munition to the United States is in force, the export of the same type of munition to Ukraine is also permitted, subject to the terms and conditions described in that permit.
End of inserted block

6 Section 7.‍1 of the Act is amended by adding the following after subsection (2):

General Permit to broker — brokering for Ukraine
Start of inserted block
(3) For as long as is in force any permit issued under subsection (2) to broker any type of munition that is to be imported into any country specified in the permit for end-use in that country, brokering the types of munition specified in that permit that are to be imported into Ukraine for end-use in Ukraine is also permitted, subject to the terms and conditions specified in that permit.
End of inserted block

R.‍S.‍, c. E-20; 2001, c. 33, s.‍2(F)

Export Development Act

7 Section 10 of the Export Development Act is amended by adding the following after subsection (1.‍01):

Development of munitions manufacturing capacity in Ukraine
Start of inserted block
(1.‍011) In carrying out its purpose under paragraph (1)‍(c), the Corporation shall give preference to the development of munitions manufacturing capacity in Ukraine.
End of inserted block

1995, c. 28

Business Development Bank of Canada Act

8 Section 4 of the Business Development Bank of Canada Act is amended by adding the following after subsection (2):

Development of munitions manufacturing capacity in Ukraine
Start of inserted block
(3) Despite subsection (1), the Bank must give preference to supporting projects to develop munitions manufacturing capacity in Ukraine.
End of inserted block

9 Paragraph 14(5)‍(b) of the Act is replaced by the following:

  • (b) the investment

    • Start of inserted block

      (i) supports munitions manufacturing capacity in Ukraine, or

      End of inserted block

    • Insertion start (ii) Insertion end  is of a category prescribed by the regulations.

Published under authority of the Speaker of the House of Commons

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