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CETA - Canadian Senate Passes the Bill to Implement CETA

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Bill C-30 Passes in the Canadian Senate; an Act to Implement the Comprehensive Economic and Trade Agreement between Canada and the European Union 2017-05-16

On May 10, 2017, the proposed federal legislation to implement Canada’s rights and commitments under the Canada-EU Comprehensive Economic and Trade Agreement (CETA) — that is, Bill C-30 — passed through the clause-by-clause consideration conducted by the Senate Committee on Foreign Affairs and International Trade (the Committee).
 
The Committee hearing can be viewed here.
 
In a report to the Senate, The Committee appended nine paragraphs outlining “certain observations”. These observations identify, in politically neutral language, criticisms and concerns with respect to the Canadian Government’s processes relating to the negotiation and implementation of the CETA in particular and of Canada’s free trade agreements in general.
 
Click here to review The Committee’s report.
 
Notwithstanding the aforementioned observations, on May 11, 2017, the Senate completed the 3rd Reading of Bill C-30, passing the Bill with no amendments.
 
We expect that Bill C-30 will receive Royal Assent within the next 2 weeks. Following Royal Assent, Canada will proceed with the process of modifying its regulations to implement CETA at the federal level. Milgram will be closely monitoring Part I and Part II of the Canada Gazette for any regulatory changes.
 
Once the foregoing steps are completed, Canada will be in a position to exchange notices with the European Union under Article 30.7 (Final provisions – Entry into force and provisional application) of CETA. More specifically, sub-paragraph 30.7(3)(a) of CETA provides as follows:
 
“Parties may provisionally apply this Agreement from the first day of the month following the date on which the Parties have notified each other that their respective internal requirements and procedures necessary for the provisional application of this Agreement have been completed or on such other date as the Parties may agree”.
 
While it is technically possible for the provisional application of CETA to commence as early as the month of June, a start date in July seems more likely, providing additional lead time for completion of the required steps.
 
For additional information on CETA, please see Milgram’s April 24 – CETA Update.

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