Bill C-228: An Act to amend the Department of Foreign Affairs, Trade and Development Act (prior review of treaties by Parliament)

2013, c. 33, s. 174 Department of Foreign Affairs, Trade and Development Act 1 The Department of Foreign Affairs, Trade and Development Act is amended by adding the following after section 12: Other agreements Definitions 12. 1 The following definitions apply in sections 12.2 to 12.5. amendment  in the case of a treaty, means an official change to a provision of the treaty that affects all the parties to that treaty and that is made under the same terms and conditions as those under which the treaty was created. ( amendement ) major treaty  includes any treaty that (a) requires for its implementation (i) the enactment of an Act of Parliament, (ii) the conferment of new powers on His Majesty in Right of Canada, or (iii) the imposition of a tax by Parliament; (b) imposes a significant direct or conditional financial obligation on Canada; (c) concerns the transfer of part of Canada’s territory or any change to Canada’s boundaries; (d) requires Canada to impose immediate or conditional economic or military sanctions on a state; (e) concerns the territorial jurisdiction of Canada, including its jurisdiction over a maritime area or airspace; (f) concerns international trade or investment or Canada’s position in the global economy; or (g) concerns Canada’s participation in international institutions, including a transfer of jurisdiction to such institutions. ( traité important ) Minister  means the Minister of Foreign Affairs, except for the purposes of paragraphs 12.2(4)(c) and (5)(b). ( ministre ) modification  in the case of a treaty, means a change to some of the requirements of the treaty that is negotiated by some of the parties to the treaty — including Canada — and that applies only to the mutual relations of those parties, leaving the original provisions to apply to the other parties. ( modification ) treaty  means an international agreement in writing between a state and Canada that is governed by international law, regardless of whether it is embodied in a single instrument or in two or more related instruments and regardless of its particular designation, and includes a treaty amending a treaty. ( traité ) Tabling of treaties 12.2 (1) Before ratifying a treaty, in exercising and performing the powers, duties and functions set out in subsection 10(2), the Minister must cause the treaty, together with a memorandum explaining its content and effects, to be tabled in the House of Commons at least 21 sitting days before it is to be ratified. Amendment of treaty (2) For the purposes of subsection (1), if the treaty amends a treaty, the Minister must also cause the treaty being amended to be tabled. Modification of treaty (3) Before modifying a treaty that Canada has ratified, in exercising and performing the powers, duties and functions set out in subsection 10(2), the Minister must, at least 21 sitting days before the agreement to modify the treaty is to be concluded, cause to be tabled in the House of Commons (a) the treaty being modified; (b) a memorandum explaining the content and effects of that treaty; and (c) the modification, together with a letter explaining the content and effects of the modification. Content of explanatory memorandum (4) The explanatory memorandum referred to in subsections (1) and (3) must include (a) the title of the treaty; (b) a summary of the treaty; (c) the name of any minister responsible for drawing up the treaty and the name of any minister responsible for implementing it; (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 must incur under the treaty; (g) the text of any reservation that Canada has made to the treaty or plans to make to the treaty in ratifying it; (h) a statement indicating whether the treaty allows a state party to it to withdraw from it, denounce it or suspend its operation in respect of another party; (i) a record of the consultations on the treaty that Canada held with any interested party other than a foreign government; (j) a summary of any Act that Parliament must enact to implement the treaty; and (k) the title of any Act of Parliament that must be amended to implement the treaty. Content of explanatory letter (5) The explanatory letter referred to in subsection (3) must include (a) a summary of the modification; (b) the name of any minister responsible for modifying the treaty and the name of any minister responsible for implementing the modification; (c) a statement of the modification’s implications for Canada; and (d) a statement of Canada’s obligations arising from the modification. Parliamentary review of major treaties 12.3 (1) In exercising or performing the powers, duties and functions set out in subsection 10(2) in respect of a major treaty that is tabled in the House of Commons under section 12.2, the Minister must obtain the advice of the House of Commons regarding the treaty before ratifying it. Committee report (2) For the purposes of subsection (1), the major treaty is to be reviewed by a committee of the House of Commons designated or established for that purpose, and that committee must submit a report on that review to the House as soon as feasible. Exception — exceptional circumstances 12.4 (1) The Governor in Council may, by order, if the Governor in Council considers that exceptional circumstances warrant it, exempt the Minister from the obligations set out in subsections 12.2(1) to (3). Tabling in House of Commons (2) If the Governor in Council makes an order under subsection (1), the Minister must, as soon as feasible after the treaty has been ratified or modified, cause to be tabled in the House of Commons the documents that would have been tabled under section 12.2 but for the exemption granted under subsection (1), together with written reasons for the order. Exception — documents already tabled (3) The Minister is not required to table the documents in the House of Commons if they have already been tabled under section 12.2. Publication in Canada Gazette 12.5 (1) Not later than 21 days after a treaty is ratified or modified, the Minister must cause to be published in the Canada Gazette the treaty and an explanation of any change made to the treaty between its tabling under subsection 12.2(1), (2), or (3) and its ratification or modification, as the case may be. Publication on Department website (2) Not later than seven days after a treaty is ratified or modified, the Minister must publish on the Department’s website the treaty and an explanation of any change made to the treaty between its tabling under subsection 12.2(1), (2), or (3) and its ratification or modification, as the case may be. Publication in Canada Treaty Series (3) Not later than three months after a treaty is ratified or modified, the Minister must cause the treaty to be published or modified, as the case may be, in the Canada Treaty Series .