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

Bill C-228 would change how the federal government handles international treaties before Canada formally signs on to them. Currently the Minister of Foreign Affairs can ratify or modify treaties largely at their own discretion. Under this bill, before ratifying any treaty, the Minister would have to table the treaty in the House of Commons at least 21 sitting days beforehand, along with a detailed explanatory memorandum covering things like the treaty's purpose, financial costs to Canada, obligations it creates, any reservations Canada plans to make, and whether new laws would be needed to implement it. The same 21-day notice and explanatory documents would apply before Canada agrees to modify a treaty it has already ratified.

For treaties considered "major" — for example those requiring new legislation, imposing significant financial obligations, affecting Canada's borders or territorial jurisdiction, involving trade, sanctions, or membership in international bodies — the bill goes further, requiring that a House of Commons committee review the treaty and report back, and that the Minister get the House's advice before ratifying it.

The government could bypass these requirements in exceptional circumstances through a Cabinet order, but in that case the Minister would still have to table the relevant documents and written reasons for the exemption as soon as possible after the fact. Finally, the bill requires that ratified or modified treaties, along with explanations of any last-minute changes, be published in the Canada Gazette, on the department's website, and eventually in the official Canada Treaty Series, within set timeframes. Overall, the bill is meant to give Parliament advance notice of and some say over treaties Canada enters into, rather than learning about them only after the fact.

This bill requires the Minister of Foreign Affairs to table treaties, amendments, and modifications in the House of Commons before ratifying them, and to obtain the House's advice on "major treaties" before ratification, while letting Cabinet exempt the Minister from these requirements in exceptional circumstances.

• Tabling requirement — before ratifying any treaty, the Minister must table it and an explanatory memorandum in the House of Commons at least 21 sitting days before ratification; the same applies to modifications of already-ratified treaties.
• Parliamentary review of major treaties — for treaties meeting the bill's definition of "major treaty" (including those requiring new legislation, imposing significant financial obligations, affecting territory or boundaries, requiring sanctions, or concerning trade, international institutions, or Canada's jurisdiction), the Minister must have a House of Commons committee review the treaty and report to the House, and must obtain the House's advice before ratifying.
• Exemption power — the Governor in Council (Cabinet) may, by order, exempt the Minister from all tabling and review obligations if it considers that "exceptional circumstances" warrant it; the bill does not define or limit what counts as exceptional circumstances.
• After-the-fact disclosure when exempted — if an exemption is used, the Minister must table the documents that would otherwise have been required, along with written reasons for the exemption, "as soon as feasible" after ratification or modification — but only after the fact, not before.
• Publication duties — the Minister must publish ratified or modified treaties, and an explanation of any changes made since tabling, in the Canada Gazette within 21 days, on the Department's website within seven days, and in the Canada Treaty Series within three months.
• Oversight — the House committee's report and the House's "advice" are procedural steps built into the ratification process, but the bill does not specify that the House's advice is binding on the Minister's final decision to ratify.