2nd Session, 36th Parliament,
48 Elizabeth II, 1999

The House of Commons of Canada

BILL C-217

An Act to provide for the publication of treaties

      Her 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 Treaty Publication Act.

DEFINITIONS

Definitions

2. The definitions in this section apply in this Act.

``Minister''
« ministre »

``Minister'' means the Minister of Foreign Affairs.

``reservation''
« réserve »

``reservation'' means a unilateral statement, however phrased or named, made by Canada when ratifying a treaty or purporting to exclude or to modify the legal effect of certain provisions of the treaty in their application to Canada.

``treaty''
« traité »

``treaty'' means an international agreement in writing between States that is governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation, and includes a treaty amending a treaty.

``treaty amendment''
« modification d'un traité »

``treaty amendment'' means any act or instrument by which Canada modifies, amends, withdraws from or denounces a treaty, suspends its application with respect to Canada, formulates a reservation to it or withdraws a reservation made previously, or makes any other change.

``treaty ratification''
« ratification d'un traité »

``treaty ratification'' means an act or instrument by which Canada establishes at the international level its consent to be bound by a treaty and includes an exchange of instruments, acceptance, approval and accession to a treaty and, where consent is expressed by the signature of Canada's representative, the signing of the treaty.

PUBLICATION OF TREATIES

Canada Gazette

3. (1) Not later than twenty-one days after a treaty is ratified, the Minister shall cause the treaty and any treaty amendment made at the time the treaty is ratified to be published in the Canada Gazette.

Canada Gazette

(2) Not later than twenty-one days after a treaty is amended subsequently to the ratification of the treaty, the Minister shall cause the treaty amendment to be published in the Canada Gazette.

Internet

4. (1) Subject to subsection (3), not later than seven days after a treaty is ratified, the Minister shall cause an electronic version of the treaty together with any treaty amendment made at the time the treaty is ratified 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.

Internet

(2) Subject to subsection (3), not later than seven days after a treaty is amended subsequently to the ratification of the treaty, the Minister shall cause an electronic version of the 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.

Access to the Internet

(3) The Minister shall ensure that an electronic version of any treaty and any treaty amendment posted on the Internet under subsections (1) or (2) is accessible, without a password, free and in downloadable form.

Canada Treaty Series

5. (1) Not later than three months after a treaty is ratified, the Minister shall cause the treaty and any treaty amendment made at the time the treaty is ratified to be published in the Canada Treaty Series.

Canada Treaty Series

(2) Not later than three months after a treaty is amended subsequently to the ratification of the treaty, the Minister shall cause the treaty amendment to be published in the Canada Treaty Series.

Copies of the treaties to Members of Parliament

6. The Minister shall ensure that Members of Parliament and the Parliamentary Librarian receive, as soon as possible, a copy

    (a) of any treaty laid before the Senate or the House of Commons;

    (b) any treaty ratified by Canada; and

    (c) any treaty amendment.