Bill C-9 · 39th Parliament · Stephen Harper
Settlement of International Investment Disputes Act
An Act to implement the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
Government bill. Became law.
- IntroducedOct. 29, 2007
- Debated in principleOct. 29, 2007
- Studied by a committeeDone
- Passed its first chamberJan. 30, 2008
- Passed the second chamberMarch 3, 2008
- Became lawMarch 13, 2008
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Stephen HarperPrime Minister
- Pierre Claude NolinSenate · Sponsor in the Senate
- John William MaloneyExplains the bill creates rules for arbitration to benefit Canada as a trading nation.
- Deepak Obhraistates he is pleased to speak in support of Bill C-9 to implement the ICSID convention.
- Bryon Wilfertcalls the bill's arbitration rules important and says Canada should join the many countries that have ratified.
- Vivian BarbotStates that the Bloc Québécois supports the identical Bill C-53 and thus Bill C-9.
- Larry BagnellAppreciates support for protecting Canadian investors and questions concerns about the bill.
- André Bellavancestates that the Bloc Québécois supports passing Bill C-9 to ratify the convention.
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
Where members stand
That the Bill be now read a third time and do pass. · 2008-01-30 · Passed
How it changed on the way
7% of the text as introduced was changed or removed by the time it became law (7,854 words introduced, 7,798 passed).
minor changeintent mostly kept
The bill passed with only formal updates to reflect the change from bill to statute and the addition of the assent date. Substantive provisions implementing the ICSID Convention remained unchanged.
- Header updated from bill introduction details to final statute citation and chapter number.
Before: “C-9 Second Session, Thirty-ninth Parliament, 56 Elizabeth II, 2007 HOUSE OF COMMONS OF CANADA BILL C-9”
After: “Second Session, Thirty-ninth Parliament, 56-57 Elizabeth II, 2007-2008 STATUTES OF CANADA 2008 CHAPTER 8”
- Added royal assent date to the title block.
After: “[Assented to 13th March, 2008]”
How precisely it is written
mostly preciseChallenging the law: HardDisputing a charge: Moderate
The Act uses defined terms and directly incorporates the Convention to create clear rules for award enforcement and court jurisdiction. Some flexibility remains through party agreement and Convention language that relies on deeming or necessity.
Open to argument
“if it deems it necessary at any stage of the proceedings”
Subjective test leaves the tribunal to decide necessity without objective criteria.“as it may deem appropriate”
Open-ended standard for inquiries invites argument over scope.
Clear-cut
“An award is not subject to a remedy except as set out in the Convention.”
Black-and-white exclusion of other remedies with no residual discretion.“The court shall on application recognize and enforce an award as if it were a final judgment of that court.”
Mandatory duty and objective standard tied to final judgment.
Discretion. Governor in Council may designate panel members and fix coming-into-force date; otherwise the Act leaves little ongoing regulatory or ministerial discretion.
Challenging the law itself. The Act implements an international convention with narrow incorporation and no obvious overbreadth or vagueness that would engage section 7 or 2 Charter rights.
Disputing a charge under it. A party could argue whether an award falls within the Convention or whether a stay applies, but the statutory text supplies clear tests once the facts are established.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
no evaluation found
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.