1st Session, 37th Parliament,
49-50 Elizabeth II, 2001

House of Commons of Canada

BILL C-314

An Act to provide for the tabling of treaties in the House of Commons

      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 Tabling of Treaties Act.

INTERPRETATION

Definitions

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

``Minister''
« ministre »

``Minister'' means the Minister of Foreign Affairs, except for the purposes of paragraphs 3(3)(c) and 4(3)(b).

``reservation''
« réserve »

``reservation'' means a unilateral statement, however phrased or named, made by a State when it signs, ratifies, accepts, approves or accedes to a treaty, or that purports to exclude or to modify the legal effect of any provision of the treaty as it applies to the State.

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

``treaty modification'' means an act or instrument by which Canada denounces or withdraws from a treaty, suspends its application with regard to another party, 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.

TABLING OF TREATIES

Tabling of treaties

3. (1) Subject to subsection 5(1), no treaty shall be ratified by Canada unless the Minister has first tabled the treaty in the House of Commons, with an explanatory memorandum concerning the subject matter and the effects of the treaty, not later than twenty-one sitting days before it is to be ratified.

(2) Canada shall not ratify a treaty amending a treaty that it has ratified unless the Minister has first tabled in the House of Commons, not later than twenty-one sitting days before the amending treaty is to be ratified,

    (a) the amending treaty;

    (b) the treaty to be amended;

    (c) an explanatory memorandum concerning the subject matter and the effects of the amending treaty; and

    (d) an explanatory memorandum concerning the subject matter and the effects of the treaty to be amended.

Contents of explanatory memorandum

(3) The explanatory memoranda referred to in subsections (1) and (2) shall contain

    (a) the title of the treaty;

    (b) a summary of the treaty;

    (c) the name of any minister responsible for formulating the treaty and, where applicable, the name of any minister responsible for implementing the treaty;

    (d) a statement of the treaty's implications for Canada;

    (e) a statement of Canada's obligations under the treaty;

    (f) an estimate of the expenditures that Canada will have to incur under the treaty;

    (g) the text of any reservation to the treaty made by Canada or any reservation that Canada intends to make to the treaty when it is ratified;

    (h) an indication of whether the treaty contains a provision for withdrawal or denunciation or a provision for suspension of its effects by a member State in respect of another party;

    (i) a record of the consultations held by Canada with regard to the treaty with any interested party other than a foreign government;

    (j) where applicable, a summary of any legislation that must be enacted by Parliament in order to implement the treaty; and

    (k) where applicable, the title of the Acts of Parliament, if any, that require amendment in order to implement the treaty.

Tabling of modifications to treaties

4. (1) Subject to subsections 5(1) and (2), Canada shall not modify a treaty unless the Minister has first tabled the treaty in the House of Commons, not later than twenty-one sitting days before the modification is to be made, with an explanatory memorandum concerning the subject matter and the effects of the treaty, and the modification, accompanied by an explanatory letter concerning the subject matter and the effects of the modification.

Contents of the explanatory memorandum

(2) The explanatory memorandum referred to in subsection (1) shall include the information set out in subsection 3(3).

Contents of the explanatory letter

(3) The explanatory letter referred to in subsection (1) shall include

    (a) a summary of the modification;

    (b) the name of any minister responsible for modifying the treaty and, where applicable, the name of any minister responsible for implementing the modification;

    (c) a statement of the implications of the modification for Canada; and

    (d) a statement of Canada's obligations arising from the modification.

Exception to subsections 3(1) and (2) and 4(1)

5. (1) Subsections 3(1) and (2) and 4(1) shall not apply where the Governor in Council makes an order stating that the subsections shall not apply and, when such an order is made, as soon as possible after the treaty has been ratified or modified by Canada, the Minister shall cause the documents referred to in subsections 3(1) and (2) and 4(1) to be tabled in the House of Commons, with an explanatory note containing the reasons why the order was made.

Exception to subsections 3(2) and 4(1)

(2) The Minister is not required to table the treaties and the explanatory memoranda referred to in subsections 3(2) and 4(1) in the House of Commons if the treaties and explanatory memoranda have already been tabled in the House of Commons.