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Bill C-486

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C-486
Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
HOUSE OF COMMONS OF CANADA
BILL C-486
An Act respecting the negotiation and conclusion of treaties
first reading, December 2, 2009

NOTE

3rd Session, 40th Parliament

This bill was introduced during the Second Session of the 40th Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the Second Session. The number of the bill remains unchanged.
Mr. Bigras

402424

SUMMARY
This enactment does not in any manner limit or affect 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.
This enactment provides that the Government of Canada shall inform the governments of foreign countries that a province is able to negotiate and enter into certain treaties.
This enactment requires the Government of Canada to consult the provincial governments before negotiating or concluding 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.
This enactment provides that the Government of Canada shall enter into an agreement with each provincial government on the manner in which it shall consult that government and specifying, in the case of Quebec, the relevant mechanisms.

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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
Short title
1. This Act may be cited as the Treaties Act.
INTERPRETATION
Definition of “Minister”
2. In this Act, “Minister” means the Minister of Foreign Affairs.
NEGOTIATION AND CONCLUSION OF TREATIES
Prerogative not affected
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.
Negotiations with 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.
Consultation not required
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.
Consultation required
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.
Agreement with the governments 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.
Government of Quebec
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.
Delegation of the province’s prerogative
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.
Legislative authority of a province
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.
Published under authority of the Speaker of the House of Commons
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