C-228 (45-1) - An Act to amend the Department of Foreign Affairs, Trade and Development Act (prior review of treaties by Parliament)
Chamber
commons
Stage
2nd Reading
Introduced
Sep 18, 2025
Progress
This bill requires the government to table international treaties in Parliament at least 21 days before ratifying them.
Key Changes
- Requires the Minister of Foreign Affairs to table all treaties in the House of Commons at least 21 sitting days before ratification
- Requires a detailed explanatory memorandum with each tabled treaty, covering costs, obligations, consultations, and implementation requirements
- Creates a special 'major treaty' category requiring a House of Commons committee review and report before ratification
- Allows the Governor in Council to exempt the government from tabling requirements in exceptional circumstances, but requires retroactive disclosure and written reasons
- Requires treaties to be published on the department's website within 7 days and in the Canada Gazette within 21 days of ratification
- Requires treaties to be published in the Canada Treaty Series within 3 months of ratification
Gotchas
- The bill requires Parliament to be 'consulted' on major treaties but does not give Parliament a formal veto — the government could proceed with ratification even if a committee report is critical
- The 'exceptional circumstances' exemption allows the Governor in Council to bypass all tabling requirements by order, which could be used broadly depending on how 'exceptional' is interpreted
- The definition of 'major treaty' is broad and includes trade, investment, international institutions, and territorial jurisdiction, meaning many significant agreements would trigger the committee review process
- The bill applies to treaties between Canada and foreign states but does not explicitly address agreements with non-state actors or multilateral organizations that may not fit the definition of 'treaty'
- The bill does not set a deadline for the House of Commons committee to complete its review of major treaties, which could create uncertainty about timelines for ratification
Who's Affected
- The Minister of Foreign Affairs and the federal executive branch
- Members of Parliament and House of Commons committees
- Canadian businesses and industries affected by trade and investment treaties
- Indigenous peoples and other groups consulted during treaty negotiations
- Foreign governments and international institutions entering agreements with Canada
Vibes
0 responses
Gotchas
- The bill requires Parliament to be 'consulted' on major treaties but does not give Parliament a formal veto — the government could proceed with ratification even if a committee report is critical
- The 'exceptional circumstances' exemption allows the Governor in Council to bypass all tabling requirements by order, which could be used broadly depending on how 'exceptional' is interpreted
- The definition of 'major treaty' is broad and includes trade, investment, international institutions, and territorial jurisdiction, meaning many significant agreements would trigger the committee review process
- The bill applies to treaties between Canada and foreign states but does not explicitly address agreements with non-state actors or multilateral organizations that may not fit the definition of 'treaty'
- The bill does not set a deadline for the House of Commons committee to complete its review of major treaties, which could create uncertainty about timelines for ratification
Summary
Bill C-228 would change how Canada handles international treaties by requiring the Minister of Foreign Affairs to present treaties to the House of Commons before they are officially ratified. Currently, the executive branch can ratify treaties without formal parliamentary review. This bill would give Parliament — and especially parliamentary committees — a chance to examine and provide advice on major treaties before Canada is legally bound by them. The bill creates two tiers of review. All treaties must be tabled in the House of Commons at least 21 sitting days before ratification, along with a detailed explanatory memorandum. For 'major treaties' — those involving trade, territorial changes, financial obligations, sanctions, or transfers of jurisdiction — a House of Commons committee must also review the treaty and submit a report before ratification can proceed. The bill was introduced by Mr. Simard as a private member's bill in September 2025. It reflects a broader concern that Canada's treaty-making process gives too much power to the executive branch and not enough oversight to elected representatives in Parliament.
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Vibes
0 responses