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

House of Commons of Canada

BILL C-317

An Act to provide for consultation with provincial governments when treaties are negotiated and concluded

      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 Conclusion of Treaties Act.

DEFINITION

Definition of ``treaty''

2. For the purposes of this Act, ``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.

NEGOTIATION AND CONCLUSION OF TREATIES

Consultation not required

3. Canada may, without consulting the government of each province, negotiate and enter into a treaty in a sector within the exclusive legislative authority of Parliament of Canada that does not affect an area under the legislative authority of the legislatures of the provinces.

Consultation required

4. Canada shall not, without consulting the government of each province in accordance with the agreements entered into under section 5, 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.

Agreement with the governments of the provinces

5. Not later than six months after the coming into force of this Act, the Government of Canada shall enter into an agreement with each provincial government on the manner in which the Government of Canada shall consult the provincial government under section 4.

Prerogative not affected

6. Nothing in this 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.

COMING INTO FORCE

Coming into force

7. This Act shall come into force one month after the day on which it is assented to.