Bill C-252: An Act to provide for transparency in entering trade agreements and foreign investment protection agreements

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First Reading LEGISinfo Bilingual view XML PDF Skip to Document Navigation Skip to Document Content ENGLISHSUMMARYSUMMARY1 Short Title1 Short Title2 Interpretation and Application2 Interpretation and Application4 Purpose of Act4 Purpose of Act5 Public Consultations5 Public Consultations8 Publication of Negotiation Documents8 Publication of Negotiation Documents9 Impact Assessments9 Impact Assessments10 Report to Parliament10 Report to Parliament11 Independent Review11 Independent Review Second Session, Forty-third Parliament, 69 Elizabeth II, 2020 HOUSE OF COMMONS OF CANADA BILL C-252 An Act to provide for transparency in entering trade agreements and foreign investment protection agreements FIRST READING, November 18, 2020 Mr. Manly 432024 SUMMARY This enactment enacts the Trade and Foreign Investment Protection Agreements Transparency Act, which provides for consultation and assessment processes in relation to trade and foreign investment protection agreements, including public consultations, publication of negotiation documents and assessments of the impacts of the trade or foreign investment protection agreements. Available on the House of Commons website at the following address: www.ourcommons.ca 2nd Session, 43rd Parliament, 69 Elizabeth II, 2020 HOUSE OF COMMONS OF CANADA BILL C-252 An Act to provide for transparency in entering trade agreements and foreign investment protection agreements 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 Trade and Foreign Investment Protection Agreements Transparency Act. Interpretation and Application Definitions 2 The following definitions apply in this Act. agreement means an agreement or arrangement relating to foreign investment protection or an agreement or arrangement relating to international trade to which Canada is a party. (accord) civil society organization means a not-for-profit or charitable organization whose governing structure is independent of government direction, and includes registered charities, non-governmental development organizations, labour unions, environmental organizations, community groups, human rights organizations and advocacy groups. (organisme de la société civile) Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone) Indigenous organization means an Indigenous entity that represents the interests of an Indigenous group and its members. (organisme autochtone) Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones) Minister means the Minister designated under section 3. (ministre) Designation of Minister 3 The Governor in Council may, by order, designate a member of the Queen’s Privy Council for Canada as the Minister for the purposes of this Act. Purpose of Act Purpose 4 The purpose of this Act is to provide for a consultation and assessment process in relation to the negotiation of Canada’s agreements that makes decision making in respect of these agreements more transparent and accountable to Canadians and ensures that these agreements (a) reflect the values and interests of Canada as a whole; (b) take into account the perspectives of various groups, including local communities, civil society organizations and Indigenous peoples; (c) promote sustainable development and respect for the environment; and (d) adhere to the principles of economic fairness, social justice and internationally recognized human rights. Public Consultations Public consultations 5 (1) During the period starting 90 days before the day on which negotiations in relation to an agreement begin and ending 30 days after the day on which the agreement is signed, the Minister must hold public consultations with members of the public, civil society organizations, municipal and provincial governments and Indigenous governing bodies and Indigenous organizations that will be affected by the agreement. Requirements for public consultations (2) For the purposes of subsection (1), the Minister must (a) hold public consultations on a regular basis; (b) publish on the website of the Department of Foreign Affairs, Trade and Development a notice of each public consultation at least 10 days before the day on which the public consultation is held; (c) enable participants to choose to attend public consultations in person or by electronic means; and (d) enable participants to make written submissions at any time during the public consultation period. Dialogue meetings 6 (1) The Minister must hold meetings on specific issues relating to an agreement to promote dialogue between trade officials and representatives of civil society organizations during the same period as public consultations must be held under subsection 5(1). Requirements for dialogue meetings (2) For the purposes of subsection (1), the Minister must (a) hold meetings on a regular basis; (b) at least 20 days before the day on which a meeting is held, publish on the website of the Department of Foreign Affairs, Trade and Development a notice of the meeting, including the aspect of Canada’s trade and foreign investment protection policy to be discussed and the names of the trade officials who will be present; (c) enable participants to choose to attend meetings in person or by electronic means; and (d) enable participants to make written submissions respecting the subject matter of a meeting before or after the meeting. Reports on consultations 7 (1) For any agreement, the Minister must prepare a report summarizing the results of the public consultations and dialogue meetings and outlining how the Government of Canada is taking these results into account in developing Canada’s policy in relation to the agreement, in respect of each of the following periods: (a) the period starting 90 days before the day on which negotiations in relation to the agreement begin and ending the day before the day on which negotiations begin; and (b) the period starting the day on which negotiations begin and ending 30 days after the day on which the agreement is signed. Publication of reports (2) The Minister must publish on the website of the Department of Foreign Affairs, Trade and Development (a) the report for the period referred to in paragraph (1)‍(a) within 30 days after the day on which negotiations in relation to the agreement begin; and (b) the report for the period referred to in paragraph (1)‍(b) within 60 days after the day on which the agreement is signed. Publication of Negotiation Documents Publication of negotiation documents 8 The Minister must publish on the website of the Department of Foreign Affairs, Trade and Development summaries of (a) the negotiation mandate for the agreement; (b) Canada’s initially proposed agreement text with explanatory notes; and (c) each round of negotiations. Impact Assessments Impact assessments 9 (1) The Minister must prepare the following assessments of the economic, social, human rights and environmental impact of the agreement, within the following periods: (a) within 90 days after the day on which negotiations in relation to the agreement begin, a preliminary impact assessment based on Canada’s initially proposed agreement text; and (b) within 30 days after the day on which the agreement is signed, a final impact assessment based on the final text of the agreement. Supporting evidence (2) The assessments must be accompanied by the following supporting evidence: (a) a statement of Canada’s proposed obligations under the agreement — including any obligations related to labour, the environment and human rights — and of the measures the Government of Canada intends to take to ensure benefits to local communities, sustainable development and fair and sustainable trade under the agreement; (b) a determination of whether the proposed obligations under the agreement relate in whole or in part to matters that fall under the legislative authority of the provinces and of whether the agreement would allow a foreign investor to challenge the provincial legislation before an international tribunal without first going before Canadian courts; (c) an analysis of the impact that the agreement may have on the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982; (d) the text of any reservation or interpretative declaration that the Government of Canada intends to make in respect of the agreement; (e) a description of the provisions of the agreement relating to withdrawal, suspension of its effects by a party, enforcement mechanisms and dispute resolution, including any provision relating to the selection of judges, arbitrators or other adjudicators and to the transparency of proceedings in the resolution of disputes; (f) any recommendations that would apply to the agreement made by an advisory committee established under section 6 of the Department of Foreign Affairs, Trade and Development Act to advise or assist the Minister with respect to trade treaties; and (g) a summary of any legislation that will be required to fulfil Canada’s obligations under the agreement or to implement any of its provisions. Publication of preliminary impact assessment (3) The Minister must publish the preliminary impact assessment and supporting evidence on the website of the Department of Foreign Affairs, Trade and Development within 10 days after the day on which the preliminary impact assessment is completed. Publication of final impact assessment (4) The Minister must publish the final impact assessment on the website of the Department of Foreign Affairs, Trade and Development within 10 days after the day on which the final impact assessment is tabled in each House of Parliament under subsection 10(1). Report to Parliament Report to Parliament 10 (1) The Minister must cause the text of the agreement, the final impact assessment and supporting evidence to be tabled in each House of Parliament within 30 sitting days after the day on which an agreement is signed. Referral to committee (2) The documents that are tabled before a House under subsection (1) are referred to a committee of that House that is designated or established for the purpose of considering matters relating to international trade. Independent Review Review 11 (1) The Minister must, within five years after any agreement is signed and every five years after that, cause to be conducted an independent review of the impacts of the agreement in relation to Canada’s sovereignty, the economy, jobs, trade balances, regulatory capacity, human rights, labour and environmental standards, the conduct of foreign investors in Canada and of Canadian investors in the other countries party to the agreement, and any other relevant subject matter following the implementation of the agreement. Tabling in Parliament (2) The Minister must cause a report on the review to be tabled in each House of Parliament within 15 sitting days after the day on which the review is completed. 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