Bill C-2 · 40th Parliament · Stephen Harper
Canada-EFTA Free Trade Agreement Implementation Act
An Act to implement the Free Trade Agreement between Canada and the States of the European Free Trade Association (Iceland, Liechtenstein, Norway, Switzerland), the Agreement on Agriculture between Canada and the Republic of Iceland, the Agreement on Agriculture between Canada and the Kingdom of Norway and the Agreement on Agriculture between Canada and the Swiss Confederation
Government bill. Became law.
- IntroducedJan. 28, 2009
- Debated in principleFeb. 5, 2009
- Studied by a committeeDone
- Passed its first chamberMarch 30, 2009
- Passed the second chamberApril 27, 2009
- Became lawApril 29, 2009
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
- A. Raynell AndreychukSenate · Sponsor in the Senate
- Guy AndréHe concludes there are more advantages than disadvantages and therefore supports the agreement.
- Scott BrisonSpeaks positively about the legislation and need for trade agreements.
- Serge CardinHe states the agreement benefits Quebec and the Bloc will therefore support it.
- Stockwell DayMoved the bill for third reading and passage while praising cross-party work.
- Mario LaframboiseHe states the Bloc will support the agreement because it benefits Quebec overall.
- Claude GuimondStates the Bloc is generally in favour as it is a good agreement for Quebec.
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.
What it set out to do
On 1 December 2008, the Minister of International Trade and Minister of the Asia-Pacific Gateway introduced Bill C-2, An Act to implement the Free Trade Agreement between Canada and the States of the European Free Trade Association (Iceland, Liechtenstein, Norway, Switzerland), the Agreement on Agriculture between Canada and the Republic of Iceland, the Agreement on Agriculture between Canada and the Kingdom of Norway and the Agreement on Agriculture between Canada and the Swiss Confederation, in the House of Commons and it was given first reading. Bill C-2 implements four treaties and their respective annexes signed by Canada. The first treaty implemented through the bill is a multilateral free trade agreement between Canada and the member states of the European Free Trade Association (EFTA), i.e., Iceland, Liechtenstein, Norway, and Switzerland. The other, bilateral treaties deal specifically with trade in agriculture. They involve Canada and the same EFTA states, with the exception of Liechtenstein. Bill C-2 implements these four treaties through a set of provisions that will form the core of a stand-alone piece of legislation, the Canada–EFTA Free Trade Agreement Implementation…
Summary by the Library of Parliament.
Where members stand
That the Bill be now read a second time and referred to the Standing Committee on International Trade. · 2009-02-05 · Passed
How it changed on the way
72% of the text as introduced was changed or removed by the time it became law (14,264 words introduced, 12,979 passed). A committee amended it.
substantial changeintent mostly kept
The bill passed with 72% of its introduced text altered or replaced, mainly through updates to dates, chapter numbering, assent details, and minor wording tweaks in enforcement and order provisions. Core provisions on implementing the EFTA free trade and agriculture agreements remained intact from introduction to royal assent.
- Wording narrowed from 'order or regulation' to 'order' in causes of action clause.
Before: “Part 1 or an order or regulation made under Part 1.”
After: “Part 1 or an order made under Part 1.”
How precisely it is written
mostly preciseChallenging the law: HardDisputing a charge: Moderate
The bill uses many defined terms, specific dates, listed countries, mathematical rounding rules, and an objective test for 'principal cause' that reduce argument. A few phrases still leave room for judgment on shares of costs and what measures are needed.
Open to argument
“its appropriate share of the aggregate of any expenditures”
The word 'appropriate' supplies no objective formula or fixed percentage.“take any other measure that the Governor in Council considers necessary for that purpose”
The phrase turns on the Governor in Council's subjective view rather than a listed set of actions.
Clear-cut
“an important cause that is no less important than any other cause of the serious injury or threat”
The definition supplies a clear comparative test that can be applied to evidence without further discretion.“If a reduction under subsection (3) or (4) results in a specific rate of customs duty that includes a fraction of one tenth of a cent, the rate shall be rounded down to the nearest one tenth of a cent”
The rule is a mechanical arithmetic instruction with no evaluative language.“No person has any cause of action and no proceedings of any kind shall be taken, without the consent of the Attorney General of Canada”
The bar is stated in absolute terms and names the exact official whose consent is required.
Discretion. The Governor in Council may make any order it considers necessary to implement the agreements, and the Minister designates the agency that supplies administrative support to tribunals.
Challenging the law itself. Section 6 bars private actions to enforce Part 1 or the agreements themselves, and the Act merely implements an approved treaty, leaving little room for a successful vagueness or overbreadth claim under the Charter.
Disputing a charge under it. Customs-duty and tariff provisions are detailed and cross-referenced to the Customs Tariff, yet the undefined 'appropriate share' of Joint Committee costs could still be disputed in an enforcement setting.
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.