Bill C-486

2nd Session, 40th Parliament,

57-58 Elizabeth II, 2009

house of commons of canada

BILL C-486

An Act respecting the negotiation and conclusion 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

1. This Act may be cited as the Treaties Act.

INTERPRETATION

2. In this Act, “Minister” means the Minister of Foreign Affairs.

NEGOTIATION AND CONCLUSION OF TREATIES

3. 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.

4. Not later than six months after the coming into force of this Act, the Government of Canada shall inform foreign governments that a province is able to negotiate and enter into a treaty that:

(a) is in an area within the exclusive legislative authority of the legislatures of the provinces;

(b) commits only that province; and

(c) is not contrary to international commitments arising from treaties entered into by Canada.

5. The Government of 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 that does not affect an area under the legislative authority of the legislatures of the provinces.

6. The Government of Canada shall not, without consulting the government of each province in accordance with the agreements entered into under section 7, 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.

7. 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 6.

8. In the case of Quebec, the agreement referred to in section 7 shall specify:

(a) the mechanisms to allow for Quebec's representation within the Canadian delegation; and

(b) the mechanisms to ensure the Government of Quebec’s consent before the signing of a treaty under section 6.

9. In the case of any province other than Quebec, the agreement referred to in section 7 may provide for the total delegation of the province’s prerogative to negotiate and enter into treaties in areas within its legislative authority.

10. For greater certainty, the agreement referred to in section 7 shall in no case limit or affect the legislative authority of a province with respect to the implementation of treaties.