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Bill C-315

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Second Session, Forty-third Parliament,
69-70 Elizabeth II, 2020-2021
HOUSE OF COMMONS OF CANADA
BILL C-315
An Act respecting a framework to strengthen Canada-Taiwan relations
FIRST READING, June 17, 2021
Mr. Cooper
432118


SUMMARY

This enactment provides a framework for the strengthening of relations between the people of Canada and the people of Taiwan, including in respect of economic, cultural and legal affairs.
Available on the House of Commons website at the following address:
www.ourcommons.ca


2nd Session, 43rd Parliament,
69-70 Elizabeth II, 2020-2021
HOUSE OF COMMONS OF CANADA
BILL C-315
An Act respecting a framework to strengthen Canada-Taiwan relations

Preamble

Whereas on October 13, 1970, the Government of Canada officially recognized the People’s Republic of China as the sole legitimate Government of China and took note of its claim that Taiwan is part of China;
Whereas, at that time, the Government of Canada terminated diplomatic relations with the governing authorities of Taiwan, which Canada had, until that time, formally recognized as the Republic of China;
Whereas the Government of Canada recognizes the importance of economic relations between Canada and Taiwan and the willingness of Taiwan to strengthen ties with Canada;
Whereas Canada recognizes the success of Taiwan as a leading democracy and economy in the Indo-Pacific region;
Whereas Taiwan is a member of the World Trade Organization;
Whereas Taiwan maintains relations with several countries around the world, including diplomatic, economic, trade and cultural relations;
And whereas Parliament wishes to adopt a framework for the strengthening of relations between the people of Canada and the people of Taiwan, including in respect of economic, cultural and legal affairs;
Now, therefore, 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
1This Act may be cited as the Canada-Taiwan Relations Framework Act.

Interpretation

Definitions
2The following definitions apply in this Act.
law of Canada includes
(a)an Act of Parliament or a regulation, rule, order, by-law or ordinance made under an Act of Parliament; and
(b)an order or decision of a court of Canada. (loi fédérale)
Taiwan includes, as the context may require, the islands of Taiwan, Penghu, Kinmen and Matsu, the people on those islands, any corporations and other entities and associations created or organized under the laws of those islands, the governing authorities of Taiwan recognized by Canada as the Republic of China before October 13, 1970, and any successor governing authorities, including any political subdivision, agency or instrumentality. (Taiwan)

Policy of Government of Canada

Declaration of policy
3(1)It is the policy of the Government of Canada to
(a)preserve and promote close relations between the people of Canada and the people of Taiwan, including in respect of economic, cultural and legal affairs;
(b)conduct its foreign relations on the basis that peace and stability in the Indo-Pacific region are in the political, security and economic interests of Canada, and are matters of international concern;
(c)consider any effort to determine the future of Taiwan by other than peaceful means, or by boycotts or embargoes, to be a threat to the peace and security of the Indo-Pacific region and of grave concern to Canada; and
(d)support the peaceful evolution of democratic political institutions in the Indo-Pacific region.
International cooperation
(2)For the purposes of furthering international cooperation, it is also the policy of the Government of Canada to
(a)support the participation of Taiwan in multilateral international organizations, including the World Health Organization and the International Civil Aviation Organization, and encourage other states and non-governmental organizations to support this goal so that Taiwan may play a role that is commensurate with its position in the Indo-Pacific region;
(b)exempt the president or senior government officials of Taiwan from the requirement to obtain the visa required under the Immigration and Refugee Protection Act when the primary purpose of their visit to Canada is not official; and
(c)permit the office of the representative of the Government of Taiwan in Canada to be referred to as the Taiwan Representative Office.

References, Property, Legal Capacity and Agreements

References to foreign states
4A general reference in a law of Canada to foreign states or to their governments, including any institutions or agencies of those governments, is deemed to include Taiwan.
Property ownership protected
5For all purposes under the laws of Canada, including an action in any court in Canada, formal recognition of the People’s Republic of China does not affect the ownership of, or other rights or interests in, any real, personal, movable or immovable property, including intellectual property and any other thing of value, owned or held on or before October 13, 1970, or acquired or earned after that date by Taiwan or a citizen of Taiwan.
Capacity to sue and be sued
6(1)Taiwan has the capacity to sue and be sued in a court in Canada in accordance with the laws of Canada, in particular the laws respecting the status of states, relations between states and immunity entitlements granted to states.
Capacity not affected
(2)In an action in any court in Canada, the capacity referred to in subsection (1) is not abrogated, infringed, modified, denied or otherwise affected in any way by the absence of diplomatic relations with or formal recognition of Taiwan, or by the absence of any certificate that may usually be issued by the Government of Canada for the purposes of litigation.
Intergovernmental agreements
7It is acknowledged that, even in the absence of official diplomatic relations,
(a)Canada and Taiwan may enter into agreements with each other; and
(b)the laws of Canada respecting international agreements between states applies to such agreements.
Condition of reciprocity
8The Governor in Council may, on the recommendation of the Minister of Foreign Affairs, by regulation, restrict any right, power, immunity or capacity referred to in sections 5 to 7 if, in the opinion of the Governor in Council, they exceed those accorded to Canada or Canadian citizens by Taiwan.

Parliamentary Oversight

Committee review
9The standing committee of each House of Parliament that normally considers matters relating to foreign affairs or any other committee that that House may designate for the purposes of this section must, within one year after the day on which this Act comes into force and at any time afterwards that the committee considers necessary, review and report to the House on
(a)the implementation of the provisions of this Act; and
(b)the continuing relationship between Canada and Taiwan, including in respect of economic, cultural and legal affairs.
Published under authority of the Speaker of the House of Commons

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