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Bill C-214

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

The House of Commons of Canada

BILL C-214

An Act to provide for the participation of the House of Commons when treaties are 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 Treaties Act.

INTERPRETATION

Definitions

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

``important treaty''
« traité important »

``important treaty'' includes any treaty

    (a) whose implementation requires

      (i) the enactment of an Act of Parliament,

      (ii) that Her Majesty the Queen in right of Canada be invested with new powers, or

      (iii) the imposition of a tax by Parliament;

    (b) imposing a substantial financial obligation, whether direct or conditional, on Canada;

    (c) concerning the transfer of a part of the territory of Canada or any change to the boundaries of Canada;

    (d) under which Canada undertakes to impose economic or military sanctions, whether direct or conditional, against a State;

    (e) concerning the territorial jurisdiction of Canada, including jurisdiction by Canada over any area of the sea or air;

    (f) concerning international trade or investment or Canada's place in the world economy; or

    (g) concerning the participation of Canada in international institutions, including the transfer of jurisdiction to such institutions.

``Minister''
« ministre »

``Minister'' means the Minister of Foreign Affairs, except for the purposes of paragraphs 8(3)(c) and 9(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.

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.

APPROVAL OF IMPORTANT TREATIES

Approval of important treaties

7. (1) No treaty shall be ratified by Canada unless the House of Commons has first approved the treaty by resolution pursuant to the rules of procedure of the House.

No amendments

(2) For greater certainty, where the House of Commons approves a treaty, it shall not amend the text of the treaty.

TABLING OF TREATIES

Tabling of treaties

8. (1) Subject to subsection 10(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 memoranda

(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

9. (1) Subject to subsections 10(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 8(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 8(1) and (2) and 9(1)

10. (1) Subsections 8(1) and (2) and 9(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 8(1) and (2) and 9(1) to be tabled in the House of Commons, with an explanatory note containing the reasons why the order was made.

Exception to subsections 8(2) and 9(1)

(2) The Minister is not required to table the treaties and the explanatory memoranda referred to in subsections 8(2) and 9(1) in the House of Commons if the treaties and explanatory memoranda have already been tabled in the House of Commons.

PUBLICATION OF TREATIES

Canada Gazette

11. (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

12. (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

13. (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

14. 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.

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