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1st Session, 37th Parliament,
49-50 Elizabeth II, 2001
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House of Commons of Canada
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BILL C-314
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An Act to provide for the tabling of treaties in
the House of Commons
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Her Majesty, by and with the advice and
consent of the Senate and House of Commons
of Canada, enacts as follows:
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| Short title
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1. This Act may be cited as the Tabling of
Treaties Act.
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| Definitions
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2. The definitions in this section apply in
this Act.
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``Minister''
« ministre »
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``Minister'' means the Minister of Foreign
Affairs, except for the purposes of
paragraphs 3(3)(c) and 4(3)(b).
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``reservation''
« réserve »
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``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.
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``treaty''
« traité »
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``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.
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``treaty
modification''
« modification
d'un traité »
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``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.
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``treaty
ratification''
« ratification
d'un traité »
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``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.
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| Tabling of
treaties
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3. (1) Subject to subsection 5(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.
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(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,
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(b) the treaty to be amended;
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(c) an explanatory memorandum
concerning the subject matter and the
effects of the amending treaty; and
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(d) an explanatory memorandum
concerning the subject matter and the
effects of the treaty to be amended.
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| Contents of
explanatory
memorandum
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(3) The explanatory memoranda referred to
in subsections (1) and (2) shall contain
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(a) the title of the treaty;
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(b) a summary of the treaty;
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(c) the name of any minister responsible for
formulating the treaty and, where
applicable, the name of any minister
responsible for implementing the treaty;
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(d) a statement of the treaty's implications
for Canada;
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(e) a statement of Canada's obligations
under the treaty;
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(f) an estimate of the expenditures that
Canada will have to incur under the treaty;
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(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;
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(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;
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(i) a record of the consultations held by
Canada with regard to the treaty with any
interested party other than a foreign
government;
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(j) where applicable, a summary of any
legislation that must be enacted by
Parliament in order to implement the treaty;
and
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(k) where applicable, the title of the Acts of
Parliament, if any, that require amendment
in order to implement the treaty.
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| Tabling of
modifications
to treaties
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4. (1) Subject to subsections 5(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.
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| Contents of
the
explanatory
memorandum
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(2) The explanatory memorandum referred
to in subsection (1) shall include the
information set out in subsection 3(3).
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| Contents of
the
explanatory
letter
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(3) The explanatory letter referred to in
subsection (1) shall include
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(a) a summary of the modification;
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(b) the name of any minister responsible for
modifying the treaty and, where applicable,
the name of any minister responsible for
implementing the modification;
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(c) a statement of the implications of the
modification for Canada; and
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(d) a statement of Canada's obligations
arising from the modification.
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| Exception to
subsections
3(1) and (2)
and 4(1)
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5. (1) Subsections 3(1) and (2) and 4(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 3(1) and (2) and 4(1) to be
tabled in the House of Commons, with an
explanatory note containing the reasons why
the order was made.
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| Exception to
subsections
3(2) and 4(1)
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(2) The Minister is not required to table the
treaties and the explanatory memoranda
referred to in subsections 3(2) and 4(1) in the
House of Commons if the treaties and
explanatory memoranda have already been
tabled in the House of Commons.
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