Skip to main content

Bill C-343

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

Skip to Document Navigation Skip to Document Content

First Session, Forty-fourth Parliament,

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

HOUSE OF COMMONS OF CANADA

BILL C-343
An Act respecting a framework to strengthen Canada-Taiwan relations

FIRST READING, June 15, 2023

Mr. Cooper

441274


SUMMARY

This enactment provides a framework for the strengthening of relations between the people of Canada and the people of Taiwan, including in respect of security cooperation and of economic, cultural and legal affairs.

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


1st Session, 44th Parliament,

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

HOUSE OF COMMONS OF CANADA

BILL C-343

An Act respecting a framework to strengthen Canada-Taiwan relations

Preamble

Whereas on October 13, 1970, the Government of Canada officially recognized the People’s Republic of China as the sole legitimate Government of China and took note of its claim that Taiwan is part of China;

Whereas, at that time, the Government of Canada terminated diplomatic relations with the governing authorities of Taiwan, which Canada had, until that time, formally recognized as the Republic of China;

Whereas Taiwan and the People’s Republic of China have been governed separately since 1949 without interruption;

Whereas the “One China Policy” to which the Government of Canada is committed is not the same as the “One China Principle” adopted by the People’s Republic of China;

Whereas the relations that Canada maintains with Taiwan should take into account the right of all peoples to self-determination that is recognized in the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights;

Whereas the Government of Canada recognizes the importance of relations between Canada and Taiwan and the willingness of Taiwan to strengthen ties with Canada;

Whereas Canada recognizes the success of Taiwan as a leading democracy and economy in the Indo-Pacific region;

Whereas Taiwan is a member of the World Trade Organization;

Whereas most countries around the world maintain relations with Taiwan, including diplomatic, economic, trade and cultural relations;

Whereas several countries around the world maintain security cooperation with Taiwan;

And whereas Parliament wishes to adopt a framework for the strengthening of relations between the people of Canada and the people of Taiwan, including in respect of economic, cultural and legal affairs;

Now, therefore, 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

1This Act may be cited as the Canada-Taiwan Relations Framework Act.

Interpretation

Definitions

2The following definitions apply in this Act.

law of Canada includes

  • (a)an Act of Parliament or a regulation, rule, order, by-law or ordinance made under an Act of Parliament; and

  • (b)an order or decision of a court of Canada.‍ (loi fédérale)

Taiwan includes, as the context may require, the islands of Taiwan, Penghu, Kinmen, Matsu and other outlying islands, the people on those islands, any corporations and other entities and associations created or organized under the laws of those islands, the governing authorities of Taiwan, recognized by Canada as the Republic of China before October 13, 1970, and any successor governing authorities, including any political subdivision, agency or instrumentality.‍ (Taiwan)

Policy of Government of Canada

Declaration of policy

3(1)It is the policy of the Government of Canada to

  • (a)preserve and promote close relations between the people of Canada and the people of Taiwan, including in respect of economic, cultural and legal affairs;

  • (b)conduct its foreign relations on the basis that peace and stability in the Indo-Pacific region are in the political, security and economic interests of Canada, and are matters of international concern;

  • (c)promote meaningful security and defence cooperation between Canada and Taiwan, including by supporting Taiwan’s participation in regional security dialogues and military exercises;

  • (d)support Taiwan’s participation in international trade agreements, including the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, within the meaning of the definition Agreement in section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act;

  • (e)when referring to Taiwan, use language that reflects its right to self-determination;

  • (f)consider any effort to determine the future of Taiwan by other than peaceful means, or by boycotts or embargoes, to be a threat to the peace and security of the Indo-Pacific region and of grave concern to Canada; and

  • (g)support the peaceful evolution of democratic political institutions in the Indo-Pacific region.

International cooperation

(2)For the purposes of furthering international cooperation, it is also the policy of the Government of Canada to

  • (a)support the participation of Taiwan in multilateral international organizations, including the World Health Organization, the International Civil Aviation Organization and Interpol, and encourage other states and non-governmental organizations to support this goal so that Taiwan may play a role that is commensurate with its position in the Indo-Pacific region;

  • (b)exempt the president or senior government officials of Taiwan from the requirement to obtain the visa required under the Immigration and Refugee Protection Act when the primary purpose of their visit to Canada is not official;

  • (c)facilitate communication and interaction between Canadian and Taiwanese officials, including in respect of health, science, Indigenous matters, digital governance, human rights, the promotion of democracy and the challenges relating to the use of disinformation; and

  • (d)permit the office of the representative of the Government of Taiwan in Canada to be referred to as the Taiwan Representative Office and the Trade Office of Canada in Taipei to be referred to as the Canadian Representative Office in Taiwan.

References, Property, Legal Capacity and Agreements

References to foreign states

4A general reference in a law of Canada to foreign states or to their governments, including any institutions or agencies of those governments, is deemed to include Taiwan.

Property ownership protected

5For all purposes under the laws of Canada, including an action in any court in Canada, formal recognition of the People’s Republic of China does not affect the ownership of, or other rights or interests in, any real, personal, movable or immovable property, including intellectual property and any other thing of value, owned or held on or before October 13, 1970, or acquired or earned after that date by Taiwan or a citizen of Taiwan.

Capacity to sue and be sued

6(1)Taiwan has the capacity to sue and be sued in a court in Canada in accordance with the laws of Canada, in particular the laws respecting the status of states, relations between states and immunity entitlements granted to states.

Capacity not affected

(2)In an action in any court in Canada, the capacity referred to in subsection (1) is not abrogated, infringed, modified, denied or otherwise affected in any way by the absence of diplomatic relations with or formal recognition of Taiwan, or by the absence of any certificate that may usually be issued by the Government of Canada for the purposes of litigation.

Intergovernmental agreements

7It is acknowledged that, even in the absence of official diplomatic relations,

  • (a)Canada and Taiwan may enter into agreements with each other; and

  • (b)the laws of Canada respecting international agreements between states applies to such agreements.

Condition of reciprocity

8The Governor in Council may, on the recommendation of the Minister of Foreign Affairs, by regulation, restrict any right, power, immunity or capacity referred to in sections 5 to 7 if, in the opinion of the Governor in Council, they exceed those accorded to Canada or Canadian citizens by Taiwan.

Parliamentary Oversight

Report to be tabled by Minister

9Within 60 sitting days after the day on which this Act comes into force, the Minister of Foreign Affairs must table a report in the House of Commons that sets out, within the context of the Government of Canada’s Indo-Pacific strategy, the Government of Canada’s policy approach in respect of Taiwan, including in relation to political, security and economic interests.

Committee review

10The standing committee of each House of Parliament that normally considers matters relating to foreign affairs or any other committee that that House may designate for the purposes of this section must, within one year after the day on which this Act comes into force and at any time afterwards that the committee considers necessary, review and report to the House on

  • (a)the implementation of the provisions of this Act;

  • (b)the continuing relationship between Canada and Taiwan, including in respect of economic, cultural and legal affairs; and

  • (c)the extent to which Canada is engaged in security cooperation with Taiwan.‍

Published under authority of the Speaker of the House of Commons

Publication Explorer
Publication Explorer
ParlVU