SUMMARY

Under this enactment, Canada shall not, without first consulting the provincial governments, negotiate or conclude a treaty

    (a) in an area under the legislative authority of the legislatures of the provinces; or

    (b) in a field affecting an area under the legislative authority of the legislatures of the provinces.

Nothing in the Act in any manner limits or affects the royal prerogative of Her Majesty in right of a province with respect to the negotiation and conclusion of treaties in an area under the legislative authority of the legislatures of the provinces.

This enactment provides that Canada may not ratify an important treaty unless the House of Commons has first approved the treaty by resolution pursuant to the rules of procedure of that House.

For the purposes of this enactment, ``important treaty'' means any treaty

    (a) whose implementation requires

      (i) the enactment of an Act of Parliament,

      (ii) that Her Majesty the Queen in right of Canada be invested with new powers, or

      (iii) the imposition of a tax by Parliament;

    (b) imposing a substantial financial obligation, whether direct or conditional, on Canada;

    (c) concerning the transfer of a part of the territory of Canada or any change to the boundaries of Canada;

    (d) under which Canada undertakes to impose economic or military sanctions, whether direct or conditional, against a State;

    (e) concerning the territorial jurisdiction of Canada, including jurisdiction by Canada over any area of the sea or air;

    (f) concerning international trade or investment or Canada's place in the world economy; or

    (g) concerning the participation of Canada in international institutions, including the transfer of jurisdiction to such institutions.

Under this enactment, when Canada intends to ratify a treaty, the Minister of Foreign Affairs must table the treaty in the House of Commons, accompanied by an explanatory memorandum on the subject matter and effects of the treaty, not later than twenty-one sitting days before it is to be ratified.

In addition, where Canada intends to modify a treaty, the Minister of Foreign Affairs must table in the House of Commons not later than twenty-one sitting days before the treaty is to be modified, the treaty, an explanatory memorandum on the subject matter and the effects of the treaty, and the modification accompanied by an explanatory letter on the subject matter and effects of the modification.

This enactment provides that the Minister of Foreign Affairs shall

    (a) cause any treaty ratified by Canada and any treaty amendment to be published in the Canada Gazette and in the Canada Treaty Series;

    (b) cause an electronic version of the treaty and any treaty amendment to be posted on a site of the Government of Canada that is generally accessible to persons who have access to what is commonly referred to as the Internet; and

    (c) cause a copy

      (i) of any treaty laid before the Senate and the House of Commons;

      (ii) any treaty ratified by Canada; and

      (iii) any treaty amendment

to be sent to the Members of Parliament and the Parliamentary Librarian.